The Poarch Band Indians of Alabama are seeking
changes to their Class III Gaming permit so that pari-mutuel betting on horse
races and greyhounds may be allowed on their reservation lands. Class III
gaming essentially permits all types of gambling, including lotteries, bingo,
pari-mutuel betting and other forms of casino gambling, to take place.
According to State Law, Alabama does indeed permit Class III Gaming.
However, certain areas of the State impose strict restrictions on pari-mutuel
betting, which is essentially the argument of Attorney General Troy King, who is
fighting to put a stop on the expansion of casino gambling and real-money
betting on Indian tribal lands.
The potential roadblocks to the Poarch Band
Indian's request is that all Class III Gaming licenses must be defined exactly
how they will be conducted, which means that negotiations with the State of
Alabama are
unavoidable. Unlike a Class I and Class II Gambling License, which
strictly cover traditional/social gambling games, bingo and games similar to
bingo, a Class III license can potentially cover every form of gambling in
Alabama, and
so therefore is much more of a sticky matter.
Under the Indian Gaming Regulatory Act, all States
who already permit Class III casino gambling are required to negotiate with a
tribe in good faith when requested to approve and negotiate Class III Gaming
activities. If such a request is not honored by the State, or is
negotiated in bad faith, the Indian tribe may file a case with U.S. District
Courts, at which point the State will have to defend her actions.
Despite this seemingly complicated negotiation
process, the odds are in the Poarch Indian's favor. The tribe simply wants
to add pari-mutuel betting, sweepstakes and poker tournaments to the list of
tolerable gambling activities on their Alabama reservation, which is by no means an
unreasonable request. However, Alabama Attorney General King will do all
he can to restrict the gambling activities of the tribe. Responding to the
tribe's request to negotiate their Class III Gaming License, King wrote a letter
to the U.S. Department of the Interior (who will make the final decision
regarding the request), that if they do honor the request, then it should be
regulated according to the strictest conditions that already regulate Class III
Gambling in
certain areas of the State of Alabama.