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Tribe
wants to offer card game at Atmore-area gambling hall
An
attorney representing the Poarch Band of Creek Indians
worked Wednesday on an request for a federal opinion
that could allow Texas Holdem poker games at tribal
bingo halls.
Montgomery attorney Mays Jemison said Wednesday that he
and Tribal Chairman Eddie Tullis met with U.S. Attorneys
Leura Canary and David York on Tuesday in Mobile to
discuss the issue.
Poarch Creeks, the only federally recognized tribe in
Alabama, had planned to offer nine tables of poker at
their Atmore-area Bingo Palace in November before state
and federal officials questioned the legality of the
gambling.
"The
bottom line is we have agreed that we will seek an
opinion from the National Indian Gaming Commission," a
division of the Bureau of Indian Affairs that regulates
Indian wagering operations Jemison said. "We will ask
them to specifically consider Alabama law in their
decision."
Jemison said Poarch Creeks believe
Texas
Holdem
poker
would be allowed as a class II game while Canary and
York both believe poker would be illegal.
In
past battles over electronic gaming, Tullis said Alabama
law describes class III gaming as casino-type machines
that drop cash or coins for payouts. Games of chance
such as slots, craps and blackjack or roulette also fall
into class III. Bingo, electronic bingo, pull tabs and
other bingo derivatives are considered class II with
payouts accrued on debit cards to cash in later.
The
Alabama Supreme Court has ruled pari-mutuel wagering on
dog or horse races are distinct from class III gaming
because some skill is involved, but officials agree the
state's law defining gaming is less than clear.
Poarch Creeks have long sought to enter the lucrative
casino gambling arena, but state officials have blocked
their efforts by refusing to enter into compacts or
agreements. The tribe operates bingo halls near their
tribal headquarters close to Atmore and on tribal lands
in Wetumpka and Montgomery. If poker goes well at the
Bingo Palace in Atmore, tribal officials said it would
expand to the other bingo halls.
Jemison said the tribe plans to offer three kinds of
poker, but the house would not enter into bets. Rather,
the tribe would get a percentage of the wagers as
players bet against each other.
State and federal officials questioned the legality of
the proposed games after the tribe advertised their
plans.
"We
met with them," York said Wednesday. "Other than that, I
can't comment. We want to deal the tribe in an
aboveboard manner. The meeting was cordial. We
understand their position, and they understand ours."
Calls from the Mobile Register to Tullis were not
returned Wednesday.
Jemison said the federal Indian gaming regulatory agency
could issue their opinion in a week or 10 days.
"We
don't have any hidden agenda," Jemison said. "We think
if tribes in Arizona and Oklahoma can have poker as
class II gaming, Poarch Creeks should, too. The federal
government should step in and rule for all the tribes
across the country."
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