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NIGC again affirms legality of Poarch Creek Class II operation

Filed Under: Litigation | NIGC
More on: alabama, class ii, jurisdiction, luther strange, poarch creek
   

The Wind Creek Casino in Atmore, Alabama.

The National Indian Gaming Commission is once again confirming the legality of the Class II games offered by the Poarch Band of Creek Indians.

In a letter to Alabama Attorney General Luther Strange, NIGC's top lawyer said the state lacks authority over the tribe's gaming enterprise. This is the second time in two years that the agency has waded into the matter.

"So long as a state permits the game of bingo, regardless of the definition of the game, a tribe in that state may operate the game," NIGC acting general counsel Eric Shepard wrote. "Furthermore, Congress vested NIGC, and not states, with authority to regulate bingo conducted on Indian lands."

The letter came a month after Strange filed a lawsuit against the tribe in state court. He contends the electronic games are illegal throughout the state, even in Indian Country.

"We have always been careful to follow the laws governing Indian gaming. No one is more concerned about conducting our business the right way than we are, and we are hopeful that this will end any further discussion on the issue," Venus McGhee Prince, the tribe's attorney general, responded in a press release.

Get the Story:
The battle over bingo: Federal regulator indicates Poarch Creek casinos are legal: AG disagrees with legal interpretation (The Montgomery Advertiser 3/20)
Feds tell Alabama Indian games off limits (AP 3/20)

An Opinion:
Bob Martin: AG’s Poarch Creek lawsuit a sham? (The Atmore News 3/20)

Relevant Documents:
NIGC Letter to Luther Strange (March 14, 2013)

Related Stories:
Letter: Tribal casino industry brings many benefits to Alabama (03/06)

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