An attempt by Alabama’s attorney general to shut down three casinos operated by the Poarch Band of Creek Indians has shifted to federal court, where a judge will have to decide if the state’s top prosecutor can challenge the tribe’s gambling.
Attorney General Luther Strange initially filed suit in Elmore County, where the tribe operates one of its three casinos. The suit was filed on Feb. 19, the same day the attorney general raided and shut down the privately operated VictoryLand casino in Macon County.
Strange contended the tribe’s casinos in Wetumpka, Montgomery and Atmore were a public nuisance operating illegal gambling machines. The tribe argued that it is under federal regulation rather than state regulation, and it got the suit moved to federal court in Montgomery.
In federal court, the attorney general is arguing that the tribe is operating games that exceed any authority it may have under federal or state law. The tribe contends that bingo is legal in some Alabama counties, and the federal Indian Gaming Regulatory act allows it to operate any gambling that is legal in the state. It maintains that its games are simply electronic versions of bingo and are allowed under federal law. It is asking U.S. District Judge Keith Watkins to dismiss the suit on grounds that Strange lacks standing to sue.
“To nobody’s surprise, Attorney General Strange raises claims that are without merit and have been rejected numerous times in various forums,” Robert McGhee, government relations adviser for the tribe, said in a statement.
Strange’s deputy solicitor general, Andrew Brasher, said the attorney general is pleased the tribe got the suit moved to federal court.
“This procedural move required the tribal defendants to acknowledge that federal law gives the state a claim against them and to waive several defenses that they could have raised,” he said.
In papers filed Thursday, the attorney general argues that the games are slot machines, which are illegal in Alabama and, unlike a game of bingo, they can be played by touching a button once.
McGhee is confident the case will end with the federal court ruling the state has no jurisdiction under federal law. “The real question is when is the attorney general going to cease ignoring federal law and attempting to undermine the inherent right of the Poarch Band to govern itself,” he said.
With the attorney general’s crackdown on VictoryLand and other privately operated casinos, the Poarch Creek’s three casinos are now the largest gambling operations in the state. The attorney general and other law enforcement agencies have raided privately operated gambling halls, but Strange has taken the courtroom approach with Alabama’s only federally recognized Indian tribe because of the status it has under federal law.
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