The Poarch Band of Creek Indians’ gambling facility near Atmore is the first in the state to use the word “casino” in the name. Others have since followed, including the other two Poarch Creek gambling facilities in Wetumpka and Montgomery.
But when one hears the word “casino,” images of Las Vegas-style facilities with lots of glitz and glamour come to mind. Wind Creek Hotel & Casino does offer luxury, state-of-the-art accommodations, but the “casino” section would certainly pale in comparison to Las Vegas.
The slot machine-style gambling is being hotly debated as to whether it crosses the line into Class III gambling, thus making it illegal. PCI (Poarch Creek Indian) Gaming, which operates the gambling industry on the reservations, claims the machines are Class II and thus legal.
But this seems to be a contradiction. If the facility is operating Class II gambling, then why is it using a name that indicates it has Class III gambling? Is it because it really does have Class III gambling or plans to have Class III gambling in the future? Or is it just a marketing strategy?
Birmingham attorney Eric Johnston said he believes it is a strategy.
“Just [like] the nature of the ‘bingo’ gambling machines located there, it is misleading and is meant to entice persons in for the purpose of gambling,” he said.
“It gives a grand name to, at best, a pedestrian operation, though nevertheless destructive.”
However, the use of the word “casino” is not prohibited by law, Johnston explained. “It is merely descriptive of the type of facility.
“The word “casino” is not defined by Alabama law,” he said. “Particularly it is not a term with legal meaning in the gambling chapter of the Alabama Criminal Code. Casino is an Italian word originally referring to a private vacation home but coming to mean a public room used for social meetings. In the contemporary American lexicon, we have come to associate the word with a place where the primary activity is gambling but with attendant entertainment, dining, etc.” (TAB)
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Who regulates Indian gaming?
Indian tribes are the primary regulators of Class II gambling. Regulation of Class III gambling may be addressed in the Tribal-State compacts and varies by state with the tribes remaining the primary regulator in most states. Both Class II and Class III gambling are subject to the provisions of IGRA and oversight by the National Indian Gaming Commission.
What process must a tribe follow to operate a gambling facility?
The tribe must determine whether the state in which the gambling facility is to be located permits such gambling. If the state permits gambling by any person, organization or entity, then tribes are allowed to conduct Class II gambling activities without state approval. If the tribe wishes to conduct Class III gambling, a Tribal-State compact must be negotiated.
Indian gambling must be conducted on Indian lands within a tribes’ jurisdiction. Indian lands are defined as all lands within the limits of any Indian reservation and any lands’ title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises government power.
The tribe must submit a tribal gambling ordinance to the Commission. The ordinance must provide, among other things, that: (1) the tribe will have the sole proprietary interest and responsibility for conducting gambling, (2) net revenues will be used for specific purposes, (3) annual outside audits will be conducted, and (4) a process for licensing and conducting background checks is in place. The chairman of the NIGC must approve an ordinance before gambling can occur.
Source: National Indian Gaming Commission
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