"Exclusivity" could bust Florida's Seminole gaming compact, say critics who vow to challenge the agreement at the U.S. Supreme Court.
"The Seminole deal isconstitutionally flawed. By allowing blackjack for Indians and nobody else, it violates the equal protection and commerceclauses," said Mark Thibault, director of the Andrew Jackson Institute of South Florida, whose website says it exposes "corruption in the Indian gaming industry."
"We will be filing suit shortly to void the compact," Thibault told Sunshine State News.
The Seminole agreement grants the tribe exclusive rights to blackjack and Las Vegas-style slot machines, leaving existing card rooms and casinos at race tracks at a competitive disadvantage.
But those operators, who received tax reductions as part of the gaming legislation, have not directly opposed the compact -- at least not openly.
"We're waiting to see how things work out in the next five years," said Dick Hancock, vice president of the Florida Thoroughbred Breeders' and Owners' Association. The Seminole legislation calls for a review of the agreement after five years -- during which time the state expects to receive $1.2 billion in gaming proceeds from the tribe.
But the Andrew Jackson Institute is counting on immediate, behind-the-scenes support from groups that share its opposition to Indian gaming expansion.
"No state has ever given a game to a tribe that isn't allowed in the state," said Roger Stone, a South Florida political consultant who is raising funds for the legal fight. He said a former U.S. solicitor general, whom he would not identity, has been approached to take the case.
Thibault says the Seminoles effectively bought their compact with large, well-placed political contributions.
"The Seminoles and their developer, Richard Fields, gavethe Republican Party of Florida more than $1 million," he said.
Thibault added that $350,000 in Seminole money was paid to George LeMieux, the former chief of staff to Gov. Charlie Crist and the Fort Lauderdale attorney who negotiated the compact.
LeMieux was subsequently appointed by Crist to fill Mel Martinez's vacated U.S. Senate seat, which Crist is now seeking as an independent.
The Seminole Tribe, which did not return a phone call from Sunshine State News seeking comment, maintains that the state was required by federal law to sign a gaming compact with the Indian tribe. The agreement covers the seven Seminole casinos around the state.
Bruce Rogow, a former attorney for the tribe and a law professor at Nova Southeastern University, said, "Once the compact is approved by the (U.S.) Indian Gaming Commission, which will happen, that will put an end to the matter."
But Thibault's group argues that Florida officials were under no obligation to negotiate a deal that granted the Seminoles exclusive games.
"Jeb Bush didn't do that. If this governor had any (moxie), he wouldn't either," said Stone, a long-time Republican consultant who has criticized Crist on a wide range of policy issues.
"The Seminoles are criminals, their compact is constitutionally flawed and their blackjack operation will be shut down if we have to get a court order of federal marshals to close the place." Stone said.
Crist's office, through spokesman Sterling Ivey, said, "We have not seen the specific challenge filed by the Andrew Jackson Institute and would prefer to hold comment until we have the opportunity to review the details of their challenge."
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Reach Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.
