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  Casino News - July 2008
  Florida Supreme Court Rules Against Blackjack at Seminole Casinos
 

Less than two weeks after the era of casino blackjack and baccarat arrived in Florida, the future of these games was thrown into confusion when the state Supreme Court ruled that Gov. Charlie Crist lacked authority to unilaterally enter into a compact giving the Seminole Tribe table games.

The Seminoles, who dealt the first hand of blackjack at the Seminole Hard Rock Casino in Hollywood, Florida, on June 22nd, said the games would continue over the July 4th holiday weekend while they mull their options.

Tribe spokesperson Gary Bitner said in the first week of play, about 40,000 people have wagered at the new tables.

''We want people to know they can come out and play this holiday weekend,'' Bitner said. "At this moment, it's hard to get a seat at the tables because so many people want to play.''

The state Supreme Court ruling came in a suit filed last November only days after Crist entered into a compact giving the Seminoles the right to offer blackjack, baccarat and other card games, and Class III slots at their seven casinos in return for annual payments of at least $100 million.

While the compact was quickly ratified by the U.S. Interior Department, which had been pressuring Crist to act, a number of members of the Florida Legislature who oppose casino gambling contended that any decision to give the tribe table games required legislative approval.

The state court, in its unanimous decision on July 3rd, agreed.

"What is legal in Florida is legal on tribal lands, and what is illegal in Florida is illegal there,'' Justice Raoul Cantero wrote in the majority opinion.

''The governor does not have the constitutional authority to bind the state to a gaming compact that clearly departs from the state's public policy by legalizing types of gaming that are illegal everywhere else in the state,'' said the opinion.

The opinion did not say whether or when the games must stop.

Seminole spokesperson Bitner said "the tribe is studying the decision and plans no immediate changes, and strongly believes it was operating with a federally approved compact agreement by adding the games it added."

While observers believe it would take a federal court order to bring an early halt to the games at the Seminole Hard Rock in Hollywood, the ruling probably means no table games for the Seminole Hard Rock in Tampa or the Coconut Creek casino, which were expected to get them later this year.

Crist, who was not available for comment, would appear to have limited options.

While he could appeal, similar court decisions in other states have all gone against the governors. He also could ask the Legislature to ratify the deal, but with top lawmakers opposed to gambling, that seems an unpromising course.

The most likely option would seem to be to toss the matter back to the Interior Department. Under this option, the Seminoles at the minimum would keep the Class III slots they have already installed at six of their seven casinos -- and the state likely would get no money in return.


   

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