Many gambling proponents were hopeful the lawsuit brought by Alabama Attorney General Luther Strange against the Poarch Band of Creek Indians (PCI) would settle the legality issue of PCI’s slot machines once and for all. But the latest decision released Sept. 3 only made it clear that the state of Alabama cannot regulate PCI gambling businesses.
The state’s appeal in Alabama v. PCI Gaming Authority asked the 11th Circuit Court of Appeals to decide whether casinos operated by PCI in Wetumpka, Montgomery and Atmore are in fact operating on federal trust land.
The case also asked the court to interpret whether the state has authority on tribal lands to enforce a 2014 Alabama Supreme Court ruling which found that electronic bingo machines do not meet the traditional definition of bingo games and therefore are illegal under Alabama law.
“From the beginning it has been my goal to settle the question of the legality of gambling at Indian-run casinos in Alabama once and for all,” Strange said in a press release following the ruling. “The 11th U.S. Circuit Court of Appeals has upheld the district court’s opinion that the United States is the only government that can enforce state and federal gambling laws on the PCI’s lands.”
Will not appeal
“While I do not agree with the appeals court’s decision, it provides certainty and guidance to state officials where there was none before,” Strange said. “The appeals court’s decision makes it clear that the only way for the State of Alabama to regulate the gambling conducted on the PCI’s lands is to enter into a compact with the PCI. That is a decision for the governor and Legislature, not me. After thoroughly reviewing the decision, I do not intend to petition for review in the United States Supreme Court.”
The court did not rule on the argument related to whether PCI is operating on federal trust land, stating that would need to be filed in a separate claim. Strange had not addressed that part of the suit at press time.
Joe Godfrey, executive director of Alabama Citizens Action Program, is urging Alabama Baptists to continue the fight against gambling despite the latest setback.
The week of Sept. 20–27 has been designated Nationwide Week of Prayer to Stop Predatory Gambling in America. For resources or more information, visit tinyurl.com/o6vh37p.
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