This hand too vital to misplay

By A TIMES EDITORIAL
Published November 8, 2007

A good poker player can sense an opponent's bluff, and Gov. Charlie Crist would be wise not to ask the U.S. Interior Department next Thursday to show its cards.

A year has passed since Las Vegas-style slot machines opened up in Broward County, and a lawsuit requires the Interior Department to formally respond next week to a motion compelling it to grant the same privilege to the Seminole Indians. So the department has set a new deadline, Nov. 15, for the state to reach agreement with the tribe or risk losing control. This time, Interior's hand feels like a straight.

Crist gets it. "I understand they're sort of forcing the issue, and the issue is they're going to make us do it one way or another," he told a reporter. "I want to make sure we're protecting (taxpayers') interests first, Florida's interests first. ... We'll do the right thing."

The right thing is not obvious, given the conflicting nature of federal and state laws on the subject. Under the federal Indian Gaming Regulatory Act, a state is generally obligated to allow tribes to offer any form of gaming that is otherwise legal. But a federal judge recently blocked the Interior Department from unilaterally granting such gaming privileges on a Texas reservation.

Why, then, would Crist consider giving the Seminole Indians more casino-style gambling than is allowed under current state law? The high-stakes slot machines were in fact authorized by voters for Broward, but drafts of the compact suggest the governor is willing to let the Seminoles also offer blackjack and baccarat. Those games are otherwise prohibited.

Crist would be irresponsible not to attempt to reach agreement with the Seminole tribe. After the late Gov. Lawton Chiles stubbornly refused an agreement letting the Seminoles run bingo-style slot machines, the tribe ended up with slot operations anyway - in six counties, with no state oversight and no revenue sharing.

That said, Crist has to tread carefully. Floridians have repeatedly rejected full-scale casinos, so he should want to offer no more gambling than is absolutely required under federal law. Child welfare and public schools also can use any extra money the games might provide, so he will want to bargain for top dollar in return.

From all appearances, Crist is failing on both counts. He is prepared to grant more gambling than state law allows, and the agreement reportedly offers no more than $100- to $200-million a year in revenue sharing. That kind of money barely compares with the taxes the state receives from the Broward parimutuel facilities that are allowed to operate only slot machines.

The Seminoles may be happy to see the state served with a threatening letter from Washington, but they don't hold all the chips here. First, Interior is not likely to allow the tribe to go beyond the high-stakes slot machines. Second, such an order could lead to a legal showdown that would take years.

Neither the Seminoles nor Interior can claim that Gov. Crist has failed to negotiate in good faith. The deadline next Thursday may be real, but a governor who is trying to protect the interests of Floridians shouldn't be eager to expand casino games.

[Last modified November 7, 2007, 22:17:41]