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Chiles protests casino proposal

By BRAD GOLDSTEIN

© St. Petersburg Times, published July 21, 1998


Gov. Lawton Chiles is fighting to make sure that Florida, not the federal government, will determine whether casinos are allowed on American Indian land.

In a June 19 letter to U.S. Secretary of Interior Bruce Babbitt, Chiles objected to a federal proposal that would let Babbitt overrule state governments and grant casino contracts with Indian nations.

"The people of the state of Florida have overwhelmingly objected to casino gambling in three separate initiatives that have been placed on the ballot," Chiles wrote.

"With the proposed rule, it is conceivable that the Department could defeat the people's will in the state of Florida and impose forms of gaming that have been specifically rejected."

The Department of Interior revealed its proposal in January. Under it, if a tribe such as the Seminoles thinks a state has refused to negotiate a gambling contract in good faith, the secretary could authorize the tribe to operate full-scale casinos.

The Seminoles recently proposed giving the state as much as 45 percent of their gambling profits if they are permitted to operate casinos on tribal land. The tribe hopes to build casinos in Orlando, Jacksonville, Miami and Coconut Creek, a city near Ft. Lauderdale.

State and tribal lawyers are scheduled to meet Thursday in Orlando to discuss the Seminoles' plan.

The Department of Interior proposal was subject to a 180-day period for public comment, which ended last month; Chiles' letter was sent during that period. The proposal has gone to Babbitt, who can amend itor approve it as written.

Florida Assistant Attorney General John Glogau said he expects the rules to go into effect in November with few changes. He said the state is preparing to challenge them in federal court.

"We feel that the Secretary of the Interior is not the appropriate person to determine if the state has negotiated in good faith and what the proper scope of gaming is," Glogau said."We feel if the rules are made effective, we will end up with casinos in Florida under his signature."

A spokesperson for Babbitt's office did not return calls.

Current federal law requires all Indian nations wishing to offer full casino gambling to obtain a state compact, or agreement.

The tribe offers high-stakes bingo and low-stakes poker games at four sites across the state. It wants to also offer blackjack, dice, off-track betting and other games.

The Seminoles have teamed up with New Jersey Casino owner Donald Trump. Together, they have hired lobbyist Mallory Horne, a former Florida speaker of the House and president of the Senate. Horne and Chiles are longtime friends.

Despite pressure from Trump and the Seminoles, Chiles' letter appears to reiterate his opposition to casino gambling in Florida.

In the letter, Chiles questioned whether the Secretary of Interior could be objective.

"I fail to see how the Department, which has a trust obligation to the Indian Tribes, can serve as a neutral decision maker in determining whether a state has participated in negotiations in good faith," Chiles wrote.

The Interior Department's proposed rules would resolve a legal impasse arising out of the 1988 Indian Gaming Regulatory Act. The law gives states the authority to approve and regulate casino-style games on Indian land. It also allows Indian nations to sue any state that refuses to negotiate a compact in good faith.

Feeling blocked in its attempt to start casino gambling, the Seminole Tribe sued the state of Florida. Two years ago, the U.S. Supreme Court ruled that Congress overstepped its authority when it allowed Indian nations to sue states. The decision left the Seminoles stymied.

Chiles said it was up to Congress, not the Interior Department, to fix the law.


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