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Friday, February 22, 2013

Gambling Law Expert Says AG Has No Case Against Gaming | WKRG

Gambling Law Expert Says AG Has No Case Against Gaming | WKRG


Gambling Law Expert Says AG Has No Case Against Gaming

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When asked about the hundreds of people that could lose their jobs if the attorneygeneral's lawsuit against Indian gaming is successful the governor responded. 

“I do feel sorry for anyone who loses their job,” said Robert Bentley this week.  Despite the threat of losing hundreds of jobs statewide of the AG’s lawsuit is successful Bentley thinks the state has some legal ground here.

“These may not be legitimate tribes and so there are real questions true questions that need to be answered,” says Bentley.  That question was answered when the federal government recognized the Poarch Bank of Creek Indians as a tribe in 1984.  Many tribes fight for years for recognition--nothing short of the federal government can change that. 

“It doesn't matter if they have no land and one person, it's not up to the state to decide who is a real Indian or tribe,” says Gambling Expert Professor I. Nelson Rose.  He is an author and expert on gambling law.  I asked him if the AG has a case against casinos like Wind Creek.

“Ha ha ha no,” chuckled Rose.  “I don't think they have a case, I think the attorney general will be lucky not to get hit by sanctions for bringing a frivolous lawsuit.”  The governor claims they have a case because the tribe can't do more than the state allows with regards to bingo.  Professor Rose says that's only partially true.  If the state outlawed bingo completely then the tribe couldn't have their machines.
Since Alabama allows bingo in some forms the tribe is allowed to do it too and is free to use machines even though the state prohibits that.

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