Openings & Closings

Poarch Creeks dispel rumor of casino at new tourist development

Friday, November 4, 2016

The Poarch Band of Creek Indians sees children having fun at a $500 million entertainment destination in Foley, Alabama, but some locals see a casino. Image courtesy OWA The Poarch Band of Creek Indians announced a $500 million development along the Alabama coast and of course all anyone wants to talk about is gaming.

WALA-TV quoted three residents who have heard rumors of a casino at the site in Foley. But tribal officials insist the Owa project, with its amusement park, hotels and retail offerings, is about economic diversification.

"We're very successful in gaming as everyone knows. My task is to lead an effort and a great staff to diversify the tribe's portfolio," Tim Martin, the president and CEO of Creek Indian Enterprises Development Authority, told the station.

The tribe already operates three casinos on its trust lands in Alabama. The closest one to Owa is in Atmore, about 65 miles north.

The tribe could always seek to have land placed in trust for another casino. But state officials, in the past, have questioned whether the tribe can follow the land-into-trust process in light of the U.S. Supreme Court decision in Carcieri v. Salazar.

In that ruling, the Supreme Court said the Bureau of Indian Affairs can place land in trust for tribes that were "under federal jurisdiction" in 1934. The Poarch Creeks, while they descend from the historic Creek Nation, did not gain formal recognition until 1984.

But the tribe scored major victories when the 11th Circuit Court of Appeals, on two separate occasions, held that state officials cannot challenge the status of lands already held in trust. The decision, however, does not address the legality of future acquisitions.

Separately, the Muscogee Nation of Oklahoma filed a lawsuit in federal court that questions the whether the Poarch Band can follow the land-into-trust process. A final decision hasn't been issued even though the case has been pending for more than two years.

Read More on the Story:
Gaming is a rumor; not in the plans for OWA (WALA-TV 11/3)
Why amusement park's 'field of dreams' is creating congestion worries for coastal Alabama (AL.Com 11/3)

11th Circuit Court of Appeals Decisions:
Poarch Band of Creek Indians v. Hildreth (July 11, 2016)
Alabama v. PCI Gaming Authority (September 3, 2015)