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Florida's Bush to negotiate Class III compact
Wednesday, June 15, 2005

Breaking months of silence on Indian gaming, Florida Gov. Jeb Bush (R) on Tuesday announced that he will begin negotiations with the Seminole Tribe for a Class III compact.

Although details of the first meeting have yet to be worked out, Bush said the "the moment has arrived" for discussions. He agreed with the tribe that voter approval of slot machines in a South Florida county put Class III gaming on the table.

"In November 2004, Florida's voters signaled a change in the state's policy toward gambling," Bush said in a statement.

Bush in fact heavily campaign against the legalization of slot machines. In the days before the November election, he called gambling a scourge on communities.

"It limits our aspirations and defines us in a way that we should not be happy with," he said during one appearance.

Bush characterized the debate as a "David v. Goliath" one because he said gaming interests were pouring millions into their campaign. But his words failed to sway residents of Broward County, who approved the slot machine initiative by a 57 percent vote. However, voters in nearby Miami-Dade County rejected them.

Despite the split vote, both the Seminole Tribe and the Miccosukee Tribe asked Bush to negotiate Class III compacts. Since slot machines are no longer outlawed in the state, they argued that they are at least entitled to the same level of games.

The National Indian Gaming Commission appeared to agree. In testimony to a state Senate committee, NIGC Chairman Phil Hogen said the tribe are likely entitled to slot machines.

"It seems to me in November the public policy got established," Hogen told lawmakers. He indicated the plain language of the Indian Gaming Regulatory Act would support the tribe's case.

"Slot machines is a pretty straightforward category," Hogen said. "That's the language Congress used in IGRA: slot machines of any kind."

The compact is still a long way off but the tribe's general counsel, Jim Shore, said he "looked forward to fruitful results." Shore will lead negotiations on behalf of the tribe, which operates five gaming establishments, including two highly successful ones that opened in the last year.

The shift on the state's side is in marked contrast to the situation more than a decade ago, when the Seminole Tribe was fighting the state over Class III gaming. The tribe argued that the state was violating IGRA's requirement for "good faith" negotiations.

The dispute went all the way to the U.S. Supreme Court. In a 5-4 decision issued in March 1996, the majority held that states cannot be subjected to suits under IGRA without their consent.

The decision has been widely criticized by tribes and their advocates. They say it gives states the upper hand in what should be government-to-government negotiations.

"States are using Seminole to impose unreasonable demands on tribes," Ernie Stevens Jr., the chairman of the National Indian Gaming Association said in Senate testimony last year. NIGA has asked Congress for a "Seminole fix" to address the concerns.

George Skibine, the Bureau of Indian Affairs official in charge of gaming, agreed with the assessment. He said the decision paved the way for states to seek more and more revenues from tribal gaming operations.

"If the tribes don't sign the compacts, there is very little remedy," Skibine said, because the state can always raise a sovereign immunity defense in court.

The Seminole Tribe began gaming 25 years ago by opening a modest bingo hall. Since then, its empire has grown to more than $1 billion in revenues and an estimated $300 million in profits. The money has been used to fund new schools and health clinics and raise the standard of living for the 3,000 members of the once-impoverished tribe.

"You know, in a lot of Native tribes, there's two B.C.s -- Before Columbus and Before Casinos," said Max Osceola, a Seminole council member, at a NIGA press conference earlier this year. "Indian gaming prospered" after the tribe won victories in federal court, he added.

Separately, the Miccosukee Tribe has asked Bush to negotiate a Class III compact. Bush's term in office expires in 2006. He cannot seek re-election due to term limits.

Decision Seminole Tribe v. Florida:
Opinion [Rehnquist] | Dissent [Stevens] | Dissent [Souter]

Relevant Links:
Seminole Tribe - http://www.seminoletribe.com
National Indian Gaming Commission - http://www.nigc.gov
National Indian Gaming Association - http://www.indiangaming.org

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