Opinion: Ruling a threat to Poarch Creek gaming

Wednesday, June 17, 2009  

"The United States Supreme Court recently issued an opinion that could impact the future of Poarch Creek Indian gambling operations in Alabama.

After gaining recognition as a tribe by the federal government in 1984, the U.S. Secretary of the Department of the Interior took 231.5 acres of land in Escambia County into trust for the Poarch Creeks. Apparently, the Poarch Creeks also had a tract of land which was non-contiguous to the reservation taken into trust, near Atmore just off I-65 at exit 57.

After the Poarch Creeks got into gambling, the perception among many elected officials was that the state had no jurisdiction over the tribe's lands held in federal trust or even over lands owned by the Indians but not held in trust. So when the Poarch Creeks acquired land off their reservation in Wetumpka and built a casino, many Alabama officials believed there was nothing that could be done because they believed all Indian lands were outside the state's jurisdiction.

But that perception may be different now.

The Supreme Court issued a decision in Carcieri v. Salazar that the secretary of the Interior cannot take into trust any land belonging to Indian tribes not recognized by the federal government prior to the passage of the Indian Reorganization Act of 1934. The Poarch Creek tribe was not officially recognized until 1984; therefore, this recent ruling could mean that the state of Alabama does indeed have jurisdiction over the land owned by the Poarch Creeks in Elmore and Montgomery counties."

Get the Story:
Gary Palmer: Dangerous bet (The Montgomery Advertiser 6/17)