Category Archives: Tribal Gambling

Tribal Casino being pushed in Missouri has Immediate Opposition

Casino Watch Focus has reported that in Missouri, there is a cap of 13 casinos and they must be on the Missouri or Mississippi rivers. The laws have augmented over the years, but initially Missouri only allowed 2 hour river boat gambling tours. Now the casinos are full fledged casinos, not traditional paddle boats, although the still technically float on the rivers as water is pumped in under the buildings. There have been some efforts to expand gambling by attempting to amend the Missouri Constitution to allow casinos in the Branson area, but all efforts have been quickly squelched. Most recently, a trade off was made when voters removed the original $500 loss limit in exchange for a cap on the number of casinos at 13. Now, it appears new efforts have emerged in an effort to get a new form of gambling authorized in Missouri, tribal gambling. An editorial originally published in the Kansas City Star demonstrates how the Osage Nation has laid the ground work to get Gubernatorial approval for tribal gambling in Missouri:

Last December, the Osage Nation of Oklahoma wrote two checks to the Committee for a New Missouri, the dark money nonprofit set up to help pay for Gov. Eric Greitens’ January inauguration. The donations — first revealed by the St. Louis Post-Dispatch — totaled $52,700.

The tribe wanted a good relationship with the incoming governor, its leader said. Oh, and Osage Nation operates seven gaming casinos in Oklahoma and just might be interested in building another facility in Missouri.That facility would need the approval of Missouri’s governor. Under existing federal law, he must conclude a casino would be “in the best interest of the Indian tribe and its members” for the application to move forward.

The story clearly demonstrates why it’s so important to know where political money is coming from.

Missouri Gov. Eric Greitens said he would support the casino if it was both good for the Osage tribe and Missourian. Rep. Jason Steelville also expressed a desire to support a new casino. However, not everyone shares those sentiments and opposition to a new casino in Missouri has already emerged. The Missouri Times explains: 

Don Hinkle, the public policy advisor for the influential Missouri Baptist Convention, editor of The Pathway, and one of the state’s most vocal evangelicals, says that the Missouri Baptist Convention would strongly oppose a casino because of the detrimental effects they believe gambling has on a society.

“Gambling is a form of economic predation. They’re predators. It benefits international corporations while opposing the lower class, the very people we need to be helping here in Missouri. Allowing casinos to prey on them is not good economics, it’s not good business, and it’s not good for Missouri. Every Missourian ought to stand up and call this out for what it is. It’s wrong, and we don’t need it in Missouri. Missouri has a great economy with great people who are willing to work.”

Hinkle says that Greitens’ response in which he said he would support it if it were good for Missouri should be taken with a grain of salt. “That’s a mighty big caveat, and I’d tend to give the governor some slack here. It doesn’t sound to me like he’s committed to it,” he said. 

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New Slot Machines Could Significantly Expand Gambling in Florida and Damage the Seminole Gambling Compact

Casino Watch Focus has reported on the ongoing gambling negotiations between Florida state and the Seminole Tribe regarding the new gambling compact. The compact impacts the expansion of gambling and the flow of money into state coffers by providing exclusive rights to certain gambling games to the Seminole Tribe at there casino’s in exchange for guaranteed payments to the state. This effectively limits the type of gambling around the state and helps limit it to certain geographic areas. A recent case was already adjudicated in favor of the Seminole Tribe that ruled the Florida Government has violated the exclusivity of the compact by allowing table games at other venues. That issues appeared resolved when an Judge declined the appeal by the state. However, a new issue involving a new type of slot machine has emerged that once again speaks to the issue of expanded gambling possibly violating the compact. The Saint Peters Blog explains:

If it looks like a slot machine, and plays like a slot machine, it’s a slot machine, the *Seminole Tribe of Florida is telling state leaders. An order by a Tallahassee judge, first reported by FloridaPolitics.com, declared that certain slot machine-style entertainment devices aren’t slot machines under state law.

The Tribe disagreed. It now says those games violate a deal between the Tribe and the state, known as the Seminole Compact. That could have “massive consequences costing the Tribe and the State to lose multi-billions of dollars,” according to the Tribe’s recent court filing. In a letter sent last Wednesday to Gov. Rick Scott, Senate President Joe Negron and House Speaker Richard Corcoran, Tribal Chairman Marcellus Osceola said the games were “an expansion of gaming” and a “serious violation” of the compact, which guarantees the Tribe exclusive rights to slots outside of South Florida. 

So what are these machines and why is there a question as to how they are or are not slot machines?   These slot machines are different because they have a “preview” screen. The player presses a preview button and it will show the outcome of the next spin. The Judge rationalized that knowing the outcome means its not a game of change but a game of skill. Those that understand the psychology of what is really going on argue that even though the player knows that move, they still press the button and take the loss or win so they can see if they win big on the play after. They may see that the next pull will lead to a loss, but they gamble that the next pull could be the big win. So its still very much a game of chance as the player is taking a change on the unseen move one ahead. Florida Politics explains the implications: 

Players must “press a ‘preview’ button before a play button can be activated,” the judge’s order explained. The outcome of the next game is always known, thus it’s not a game of skill or chance, he said. You always know you’re a winner or a loser.

*Kathey Bright Fanning*, head of the [Gator Coin] company, said she was “pleased” with the ruling. “It’s all about innovation,” Fanning said.

Whether the innovation in pre-reveal games runs afoul of the Seminole Compact could be a court fight for another day. Some attorneys says pre-reveal is a form of “*electronically-assisted pull-tab game that the Compact says is a “gaming expansion” against its terms.

Nonetheless, “I see a giant wave coming,” said one person in Florida’s gambling industry who asked not to be named. “My phone is blowing up from people (at pari-mutuels) who want these” pre-reveal games.

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GUEST ARTICLE: How the Florida House Gambling Bill is the More Sensible Approach

Casino Watch Focus has reported on the ongoing gambling bills presented in this years Florida Legislature. Its very clear that both take very different approaches to the issue and a guest article published by Florida Politics by NoCasinos John Sowinski, breaks the issues down and concludes the House has the more sensible approach:

There are two things we can count on in Florida. In any given body of water, eventually the alligators will show up. And in any given meeting of the Florida Legislature, the same applies to gambling lobbyists. Feed either and they only become more insatiable.

With regard to the gambling interests, unfortunately, the Florida Senate is setting up a buffet of glutinous proportions. Proposed legislation calls for the biggest expansion of gambling in Florida’s history.

It literally would recreate our state in Nevada’s image, with casinos popping up in communities from the far reaches of the Panhandle to the end of the Everglades.

There would be two new Las Vegas-style casinos in Broward and Miami-Dade, a region already suffering from a glut of casinos. There would be a massive increase in gambling supply there, without a corresponding increase in gamblers, creating a dynamic in which the casinos could only survive by cannibalizing each other’s customers. Even the gambling industry’s own financial experts predict that 95 percent of the patrons would be locals, not tourists.

This type of gambling over-saturation is what brought the industry crashing down in Atlantic City, but not before it eviscerated existing local jobs and businesses from restaurants to retail stores.

But the Senate bill does not stop with more gambling in South Florida. Initially, casinos would spread to eight other counties. That only would be for starters because under Senate Bill 8, every horse track, dog track or jai alai fronton could become a casino.

Getting back to the alligator analogy, what the Senate is proposing is akin to taking 500 bags of marshmallows out into the middle of Lake Okeechobee at midnight and tossing them in the water….

Understanding this, leaders in the Florida House have taken a different tack. They have put forth a bill that fixes weaknesses in existing gambling law, closes loopholes that gambling lawyers continually exploit, stops the proliferation of slot machines throughout Florida, honors Florida’s constitutional restrictions on gambling, and respects the will of the people of Florida, who have consistently rejected statewide expansions of gambling. Finally, it provides for an agreement with the Seminole tribe that would achieve the stated intent of the original Seminole compact — holding the line on gambling and creating a firewall to stop the spread of casinos throughout Florida.

The entire article can be read HERE

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Seminole Tribe Say Both Florida Gambling Bills are Unacceptable

Casino Watch Focus has reported on the ongoing efforts by the Florida Legislature to reach a gambling agreement with the Seminole Tribe. Most recentlythe balance of negotiating power shifted to the Seminole Tribe as a court has ruled the State violated the exclusivity agreement and is allowing the Seminole Tribe to offer table games through 2030. As another legislative session begins in the Florida Legislature, politicians are attempting to deal with gambling expansion issues while balancing the long standing relationship with the Seminole Tribe. As recently reported, both the Florida House and Senate have gambling bills moving forward, but they are very different and they both impact a potential new deal with the Seminole Tribe. The Tribe, while calling the House bill less objectionable, has indicated nether bill is one they can support. An online source explains:

Two competing bills in the Florida legislature each seek to find different solutions to the fact that tribe and state have been unable to negotiate a new compact since the previous one expired in 2015. The Seminoles this week rejected both, even the one that’s supposedly designed to protect their interests.

A bill currently wending its way through the House would allow the Seminoles to be granted exclusivity on banked card games, as was the case with its previous compact, but in exchange for $3 billion in payments to the state over seven years. By contrast, a bill authored by the influential senator, Bill Galvano, would charge the Seminoles the same fee over the same timeline but for the right to offer craps and roulette, as well as blackjack.

In a letter to legislative leaders this week, Seminole Tribal Council chairman Marcellus Osceola said that while the House bill was “less objectionable,” neither bills “make economic sense for the tribe.” We think they’re talking about the “$3 billion to the state” bit. The House bill is less objectionable because it is essentially a status quo bill, an antidote to the rampant gambling expansion of Galvano’s proposal. It’s clear that, for the Seminoles, the thought of exclusivity on craps and roulette would not offset the increased competition from the proliferation of blackjack and slots throughout the state. The tribe’s point-blank refusal is indicative of the its new-found leverage in the negotiations, thanks to a recent court ruling in their favor.

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Florida Legislature and Gambling Industry Brace for Massive Gambling Expansion Bill introduced in the Florida Senate

Casino Watch Focus has reported on the ongoing gambling issues in Florida. The most recent gambling issues have centered around the Seminole Tribe Gambling Compact  and exclusivity of table gamesand gambling venues right to expand gamblingMost of these issues are intertwined, but almost all gambling expansion requires the approval of the Florida legislature and each session these issues are up for debate. This year is no different so it should come as no surprise that a new gambling bill has been proposed for the upcoming session. The scope and size of the bill however, is rather surprising. An online source summarizes the details:

A comprehensive bill to reform gambling in the US state of Florida has been introduced. Saying he wants to avoid the arguments that have hampered previous efforts, Bill Galvano, president of the National Council of Legislators from Gaming States, has launched a bill that offers “something for everyone.”

Galvano introduced Senate Bill 8 two months before the legislature convenes, saying he wants to give all sides time to compromise. The bill would allow major slots expansion, allow blackjack in South Florida pari-mutuel card rooms, deal with daily fantasy sports and offer a new gaming compact to the Seminole Indians.

The specifics of the bill will be expanded upon as session nears, but the direction of the bill pointing firmly in the direction of massive expansion, will surely catch the eye of everyone involved, including the Florida House who seems to prefer less gambling, especially in light of the complexities involved with the Seminole Compact.   The source continues:

The bill’s fate looks uncertain with the House preferring a contraction of gaming and the Seminoles saying a loss of gambling exclusivity would mean an end of their compact, thus an end of payments to the state. 

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Florida State Sen. President Might Back Voter-Approved Slot Machines Which Could Further Complicate Seminole Compact Negotiations

Casino Watch Focus has reported on the recent voter-approved slot machines measures that could lead to an expansion of gambling in the state. The issue at hand is that the areas where these slot machines were voted on are not areas that the state has approved for gambling. A Florida Supreme Court ruling on the matter will likely clarify an existing and similar case by ruling that gambling expansion in Florida is limited by the constitution and must have approval of the legislature. However, there are signals that the new Florida State Senate President might actual back such voter-approved gambling expansion measures. The Sun Sentinel Explains: 

Voters in Duval and St. Lucie counties last month approved referendums to allow slot machines at pari-mutuel facilities, joining six other counties that had done so earlier. But the lucrative machines have not started whirling in the counties as the gambling industry, regulators and lawmakers watch a case at the Florida Supreme Court and legal issues involving the Seminole Tribe of Florida. At a breakfast meeting Tuesday with reporters, Negron said he thinks the Legislature should follow the will of voters if slot machines are approved in referendums.

There are implications beyond just the two pari-mutuel facilities mentioned. Allowing such expansion could also impact the Seminole Compact negotiations with Florida State as well. The Sun Sentinel continues:

But negotiations about a revised compact also could involve whether the tribe would have exclusive rights to offer slot machines outside of Broward and Miami-Dade counties — and how that would affect the counties where voters have approved referendums. Negron said Sen. Bill Galvano, a Bradenton Republican who is slated to become the next Senate president, will take the chamber’s lead in discussions about the compact. If a deal is reached with the tribe, it would have to be approved by the Legislature. 

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UPDATE: Florida States Asks Judge to Reconsider Seminole Compact Ruling, Judge Declines

Casino Watch Focus has reported that a Federal Judge recently ruled in favor of the Seminole Nation regarding the state’s gambling compact with them. The issue at hand involved exclusivity rights on table games the fact that Florida authorized them at other gambling facilities. That part of the compact has come to an end and a new one is being negotiated, but even prior to its end, they were allowing games that violated the compact. The judge said as a result, the Tribe could continue to offer table games through 2030. Of course, this means the Florida legislature is at a negotiating disadvantage with the Seminole’s as they attempt to forge a new compact. Knowing the position they are in does help to ensure they will attempt to get a new compact in place quickly, but that hasn’t stopped them from trying to over turn the ruling and get back the negotiation leverage they lost. The Sun Sentinel explains: 

A federal judge has flatly refused a request from Gov. Rick Scott ‘s administration to reconsider a ruling that Florida violated a gambling agreement with the Seminole Tribe. U.S. District Judge Robert Hinkle issued a two-page order late Tuesday, less than a week after attorneys for Scott and the Department of Business and Professional Regulation submitted a 33-page document requesting changes in Hinkle’s Nov. 9 ruling in favor of the tribe.

“This case was tried to the court. A written opinion set out the court’s findings of fact and conclusions of law. The defendant has moved to alter or amend the judgment,” Hinkle wrote in the order. “For the most part, the motion simply reargues the merits. The original opinion correctly analyzes the issues. This order denies the motion to alter or amend.”

In the request for reconsideration, attorneys for the state raised a series of issues about Hinkle’s November ruling, including disputing his conclusion that “designated player games” meet the definition of banked card games and, as a result, violate the 2010 agreement. But attorneys for the tribe countered Friday by urging Hinkle to reject the state’s request for reconsideration. “The court found that the designated player games are ‘banked card games’ based upon reasonable interpretations of (federal and state laws), common understanding of the term in the gaming industry, testimony of both expert and lay witnesses, and legislative history,” the tribe’s attorneys wrote in a six-page document. “The state ignores virtually all of that evidence, disregards the court’s reasoning, and presents its argument as though there had been no comprehensive briefing on the relevant issues and no trial.”

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