Alabama Tribe Hosts Florida Lawmakers

The Poarch Band of Creek Indians recently hosted five Democratic Florida legislators at Wind Creek Casino (l.) in Atmore, Alabama. The lawmakers received campaign contributions from the tribe and will report paid-for expenses as in-kind campaign donations. The tribe wants slots at its Gretna, Florida facility and a compact with the state.

Five Democratic Florida legislators, members of the Florida Legislative Black Caucus, recently toured the Poarch Band of Creek Indians’ Wind Creek Casino & Hotel in Atmore, Alabama and met with tribal leaders. They held discussions about the tribe’s vision for a casino in rural North Florida. The Poarch Creeks already operate a gaming facility in Gretna, in Gadsden County, where voters approved slots in a referendum years ago, but the issue has been tied up in court.

Wind Creek President and Chief Executive Officer James Dorris said, “We believe that we have fulfilled the requirements to have slots at our Gretna facility, and we are currently litigating this at the Supreme Court. We also are advocating to be included in legislation currently being discussed in conjunction with gaming in the state of Florida.”

The legislators—state Reps. Ed Narain, chairman of the Black Caucus, Randolph Bracy, Bobby DuBose, Darryl Rouson and Alan Williams– did not pay for their transportation, meals or hotel rooms, which will be reported as in-kind donations to their re-election accounts and political committees. The five lawmakers also received campaign contributions and a donation to the Black Caucus foundation from the Poarch Creeks.

Narain said, “By taking the trip, I learned a lot about what the Poarch Creek Indians are doing for the residents of the city of Atmore, and I see the potential benefit of having the Poarch Creeks doing similar things in Gadsden County,” one of the poorest counties in Florida and the only one with a majority African-American population. Added DuBose, “It gave me a different perspective of the true impact and how important it is to include Gretna in the proposed Seminole compact. Now that I’ve visited, I think it is more important than ever.”

Narain, who said he does not support expanded gambling, stated even before the Atmore trip he was concerned that the proposed Seminole compact did not allow slots in Gadsden County but did allow them in Palm Beach County, which approved slots in a referendum 10 months after Gadsden’s. “I understand we needed to renew the Seminole compact. But it’s really unfair to allow certain counties, like West Palm Beach, that had a referendum and said, ‘Yes, we want gaming here.’ But then you have Gadsden County, with the city of Gretna, that also had the same referendum passed and we’re not doing the same thing for them. So I think the governor has chosen winners and losers and I don’t think that’s fair.”

However, regarding the legislators’ Alabama trip, Susan McManus, a political science professor at the University of South Florida, said, “Even if technically candidates are adhering to the letter of the law, from a perception perspective, it sometimes just doesn’t look right to the voters. Yes, this is legal, but to the average person, does it look like it should be legal?”

John Sowinski, president of anti-gambling group No Casinos, commented, “It is not surprising that gambling interests would use their money to try to influence legislators. It’s what they do. The fact of the matter is that slot machines in Gretna are not a panacea for their economic situation.”

In Florida, political parties and committees can raise unlimited amounts of money. However, state law prohibits lawmakers from accepting gifts and trips from lobbyists, so instead, things of value they receive from special-interest groups are classified instead as in-kind campaign-related expenses—a highly debatable way to get around the 2006 ethics law.

The lawmakers’ recent Atmore visit was not the only activity of its kind. Last year, Universal Studios and Walt Disney World hosted members of both political parties. Casino Miami and Isle Casino Racing in Pompano Beach also have donated food and beverages for fundraisers. In 2014, Republican state Rep. Ritch Workman visited Wind Creek, picking up a $25,000 donation to his political action committee and posting an in-kind donation for food and lodging. “It is 100 percent a political fund-raising event. That’s what it is. The reason you do it on-site is because part of the enticement for them is they get to show you what they do,” Workman said.

And in 2013, the Republican Party of Florida hosted several hunting trips financed by politically powerful sugar companies to King Ranch in Texas, classified a campaign events. But incoming House Speaker Richard Corcoran later said due to negative publicity he would stop holding fundraisers at the ranch.

Gretna lobbyist Sean Pittman said a new casino there would provide 1,000 permanent jobs and hundreds of construction jobs. “The city of Gretna wants lawmakers to see what is possible in Gretna, Florida and the Panhandle. The best way is to see the facility itself and interact with employees and community leaders.”

In addition to slots at Gretna, the Poarch Creeks also are serious about negotiating a gambling compact with the state of Florida. Tribal Council Chairwoman Stephanie Bryan, said, “We are entitled to negotiate a compact with the state. We have 642 tribal members living throughout the state of Florida. We are asking Governor Scott to acknowledge we are a federally recognized tribe.” The tribe is eyeing a one-acre tract it owns in Escambia County, a few miles from Atmore, for gambling, as well as offering bingo-style slots in parimutuels in Jacksonville, Pensacola and another location outside Tallahassee, all near Interstate 10. In exchange, the tribe said it would return six permits it now possesses for other locations. A description of the so-called “I-10 Consolidation Plan” states it would generate $2 billion for Florida over the next 10 years.

Last fall, Scott’s legal office told Bryan it was “premature” to begin negotiations and that the tribe needs additional federal recognition. But tribal officials argue the land has been under tribal ownership long enough to assure federally guaranteed rights.

If the state refuses to negotiate a compact, tribal officials said they might sue—or, they might grow and sell marijuana on the Escambia County site. Last December the U.S. Department of Justice declared tribes could grow and sell marijuana on their lands as long as they follow the same federal regulations as states where marijuana is legal. Bryan noted any decision regarding marijuana would require tribal council approval. But she added what the tribe really desires is a “seat at the table” regarding expanded gambling in Florida. “We consider ourselves good neighbors, good natives,” she said, noting negotiating a compact with the tribe would not jeopardize any aspect of the proposed Seminole compact.