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JAMES A. SMITH SR.
Executive Editor
Illegal gambling is occurring in the State of Florida thanks to an unauthorized agreement negotiated by Gov. Charlie Crist with the Seminole Tribe—even though the state’s Supreme Court has invalidated the compact. Incredibly, the governor—whose duty is to execute the law—is doing nothing to stop this outrageous situation.
In light of the governor’s inaction—seemingly in the hopes that his upcoming appointments to the state highest court may permit the matter to be revisited with a favorable result—on Sept. 19 Florida Attorney General Bill McCollum was required to ask a federal commission to stop the Seminole Tribe of Florida from playing the illegal games at its casinos.
In July, the Florida Supreme Court unanimously overturned an agreement between Crist and the Seminole Indian Tribe allowing expanded gambling at its casinos, siding with House Speaker Marco Rubio. On Sept. 11, the court rejected motions from the governor and the Seminoles seeking a rehearing.
And yet, the illegal games continue—and Crist is doing nothing to stop them.
In filing the lawsuit with the high court on behalf of the Florida House of Representatives, Rubio argued the governor does not have the unilateral authority to execute a compact, especially when the agreement authorizes illegal games.
Crist maintained the governor has authority to enter into an agreement with the sovereign Indian nation without legislative approval, although Crist indicated earlier he would seek affirmation of the Legislature. Reversing a campaign promise to oppose expanded gambling, Crist entered into the compact with the Seminoles last November.
The Supreme Court agreed with Rubio, rather than Crist.
“We hold that 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,” wrote Justice Raoul G. Cantero III. The court’s result—invalidating the compact—was unanimous.
Despite the high court’s ruling in July and subsequent ruling this month, the Seminoles continue to offer the illegal games at their casinos.
Crist’s response?
According to several news accounts, Crist told reporters on July 7, “You know, the machines are there, obviously. It seems to me that giving this some time to marinate a bit would be prudent. And that’s what I plan to do—and then have a chance to do what is best for Florida. That’s the most important thing. Having the extra money to pay teachers more is important to me and it’s important to the Legislature.”
Crist added, “I respect the court’s opinion, I do. And I look forward to being able to name a majority of their membership soon.”
Justice Cantero resigned Sept. 6 and was replaced by Crist with conservative jurist Charles Canady, while Justice Kenneth B. Bell’s resignation is effective October 1. Justices Charles T. Wells and Harry Lee Anstead, meanwhile, are required to retire in 2009 after reaching the mandatory retirement age of 70.
In lean budget times, the allure of gambling money is quite tempting to some state officials in spite of the harm it does to individuals and the state. Fortunately, incoming House Speaker Ray Sansom—who has affirmed McCollum’s intervention—rejects the idea of balancing the state budget “on the weaknesses of people” who gamble.
The Seminoles agreed to pay the state hundreds of millions of dollars over the 25-year deal in exchange for Las Vegas-style slots (approved by voters for local referendums in Broward and Miami-Dade counties in a 2004 state constitutional amendment), exclusivity of those slots outside of Broward and Miami-Dade, and authorization for certain games—like black jack and baccarat—currently illegal in the state.
In the wake of Crist’s deafening silence and seeming lack of concern about his duty to enforce the laws of the state he governs, Attorney General Bill McCollum has acted.
In a Sept. 19 letter to Philip Hogen, chairman of the National Indian Gaming Commission—the federal body that has authority to regulate Indian gaming—McCollum wrote, “I find myself and the State of Florida in the untenable position of having a tribal gaming operation, which everyone acknowledges is unauthorized, ongoing without the jurisdiction to stop the illegal gaming activities.”
McCollum added, “As a former United States Attorney, I know you can understand the frustration of a law enforcement official forced to stand by and watch illegal activities going on with impunity. I would therefore request that you, as the regulatory official holding the power to enforce this law, take action immediately to see that the Tribe ceases its illegal activity until a valid compact can be consummated with the State of Florida.”
The U.S. Department of the Interior, which has jurisdiction in Indian gaming matters, approved Crist’s compact with the Seminoles, although as McCollum noted in his letter to Hogen, the Department admitted, “[i]f the Governor of Florida is determined by the Florida Supreme Court not to have authority, the compact is not entered into and the publication does not authorize Class III gaming.”
That, in fact, is now the state of this matter.
Florida’s constitution stipulates, “The governor shall take care that the laws be faithfully executed… .” Having the Florida Supreme Court unanimously find that Crist’s compact with the Seminoles was beyond his authority and later refuse to rehear the case, it’s only reasonable to expect that the governor would recognize his error and help the state extricate itself from this dilemma by rescinding the compact with the Seminoles.
Crist should join McCollum in requesting the National Indian Gaming Commission to direct the Seminoles to immediately stop operating the illegal games—and Crist should ask the Seminoles to cease their illegal gambling activity.
It should go without saying, but it’s time for Gov. Crist to obey the law he’s charged with executing.