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Jul 10, 2008 10:19 am US/Eastern
Judge: I Can't Stop Seminole Blackjack
A federal Judge Said He Can't Prevent The Seminole Tribe From Operating Blackjack Games
Broward Casino Owner Claims State Exceeded Authority
TAL;LAHASSEE (CBS4) ―
The Florida Supreme Court called a deal to bring blackjack and Vegas style slots to Seminole tribe casinos unconstitutional, but a federal judge said Wednesday that he doesn't have the power to pull the plug even though the Supreme Court has ruled.
U.S. District Judge Stephan said he doesn't have the authority to stop blackjack and other games at the Seminole Hard Rock Hotel & Casino, which were allowed after the Governor Charlie Crist and the tribe reached a deal allowing the games in return for large payments to the state.
Lawyers for Isle Casino of Pompano Beach tried to sidestep the tribal sovereignty issue by suing only Gov. Charlie Crist and the federal government over the agreement. They cited last week's Florida Supreme Court ruling that declared the pact unconstitutional.
Meckler ruled Wednesday that the Seminoles must be included in the suit because they would be affected by the outcome. Seminole lawyers say final authority on the games rests with the U.S. Interior Department, not state courts.
The Isle casino and others in Broward County, including the Mardi Gras casino in Hollywood and Gulfstream Park racing and Casino are not allowed to offer Las Vegas-style card games. They were allowed to offer Vegas-style slots after Broward voters approved allowing "Racinos" at pari-mutuel facilities like horse and dog tracks.
The racinos were not given the authority to operate games like blackjack, and claim the state-Seminole deal gives the tribe-operated casinos an unfair advantage.
The Florida Supreme court ruling takes effect in mid-July, but the state is consider a request to the court to reconsider, which would delay the effect of the ruling for months.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
