A.G. KING FILES SUIT TO STOP CASINO GAMBLING

April 8, 2008

Alabama Attorney General Troy King filed a lawsuit in federal court in Mobile yesterday seeking to block the United States Department of Interior from allowing the Poarch Band of Creek Indian Tribes from operating certain types of Class III gambling activities that are currently prohibited by state law. The Federal government has created a statutory scheme that the States and the Tribes must follow in order for a Tribe to be authorized for Class III gaming in the Indian Gaming Regulatory Act, known commonly as IGRA. Attorney General King's action today is the latest development in a long running conflict between the Poarch Band of Creek Indians and the State of Alabama over Class III gaming. "The Department of the Interior's recent actions represent a complete disregard for fundamental principles of states' rights and an arrogant lack of respect for the people of Alabama. Federal bureaucrats simply lack the authority to override the will of the people of Alabama by allowing casino gambling to invade our state. I will not stand idly by and allow them to do so," stated Attorney General King.

In 1991, the Tribe attempted to get then Governor Guy Hunt to enter into a compact to allow Class III gaming on Alabama tribal land, and when Governor Hunt refused, the effort ultimately ended up at the United States Supreme Court. The Supreme Court determined in the case Seminole Tribe of Florida v. Florida that Congress did not have the authority to unilaterally remove a State's sovereign immunity from suit as provided in IGRA and therefore, the Poarch Band of Creek Indians could not sue the State of Alabama. Following that decision, the Secretary for the United States Department of Interior created new procedures in 1999 for the Tribes to use if a State invoked immunity in a suit against a Tribe in federal court.

In April of 2006, the Poarch Band of Creek Indians asked the Department of the Interior to enforce the new procedures against the State of Alabama. Attorney General King responded that it is Alabama's belief the new procedures are invalid. Alabama and the Poarch Band of Creek Indians entered into an informal conference as provided by the new procedures in November of 2006. In 2007, Alabama notified the Department about a decision by the Fifth Circuit striking down the new procedures and requested dismissal of the Tribe's petition for Class III gaming. The Department of Interior ignored Alabama's request and on March 4, 2008, stated that it intended to resume the informal conference. Because the Department of Interior continues to ignore the State's request to dismiss the application for Class III gaming by the Poarch Band of Creek Indians, the State is suing the Department of Interior to protect its rights. This suit seeks to have the rules that were promulgated by the Secretary of Interior in 1999 ruled invalid, and seeks an injunction against the Department from applying those rules to the State.

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