Alabama Tribe Claims Florida Rights

Despite an opinion that it is not recognized in Florida, the Poarch Band of Creek Indians says it has every right to develop a casino in the state. The Alabama-based tribe says it meets the same criteria as those tribes based in the Sunshine State.

The Poarch Band of Creek Indians recently responded to an editorial in the Tampa Tribune that urged state lawmakers not to enter into a gaming compact with the tribe. The editorial said the tribe “is not federally recognized in Florida; only the Seminoles and Miccosukee tribes are.” That statement is untrue, the tribe said. The Poarch Band is federally recognized and headquartered in Atmore, Alabama, and has land in trust in Escambia County, Florida where the tribe wants to build a new casino. The facility would be located less than 20 miles from tribal headquarters in Atmore and just one mile south of the Alabama border.

The Poarch Band operates casinos in Atmore, Montgomery and Wetumpka and is the majority owner of the Pensacola Greyhound Track, which offers greyhound racing and a poker room.

The tribe wrote, “In accordance to the Indian Gaming Regulatory Act, PBCI’s federal trust land in Escambia County is eligible for gaming activity, and the tribe has a right to enter into an agreement with the governor and the state of Florida.” They noted the Seminole tribe, with whom Scott currently is negotiating portions of its gaming compact, have “specific rights, options and exemptions when it comes to the use of their land for gaming activities” under Florida law.  The Poarch Band “meets the same criteria that would allow them the opportunity to enter into an agreement with the state, just as the Seminole tribe has done,” the tribe stated.

The editorial said the state should “renew the compact with the Seminoles and maintain the status quo.” But, the Poarch Band asked, “Why then, would it not be appropriate, if PBCI meets the same legal definition that the Seminole tribe does, to engage in such negotiations and bring revenue to the state, for PBCI to be given the same opportunity now?”