The Wind Creek Wetumpka gaming facility in Wetumpka, Alabama. Photo from Facebook
The 11th Circuit Court of Appeals heard oral arguments this morning in a case that tests the gaming enterprise of the Poarch Band of Creek Indians. Alabama Attorney General Luther Strange claims the tribe can't offer electronic games without a Class III compact. He also claims the tribe's gaming facilities are not located on "Indian lands." Judge W. Keith Watkins rejected Strange on both grounds. He said the machines at issue fall into the Class II category, over which the state lacks jurisdiction. Watkins also rejected Strange's attempt to bring up the U.S. Supreme Court decision in Carcieri v. Salazar and the more recent 9th Circuit Court of Appeals decision in Big Lagoon Rancheria v. California. He said the tribe's lands are indeed held in trust by the federal government. Oral arguments were held this morning in Atlanta, Georgia, according to the 11th Circuit's calendar. Strange has promised to drop the case if he loses this round of litigation. Get the Story:
Alabama's attempt to shut down 3 Indian casinos goes to federal court (AP 1/13) Related Stories:
Column: Poarch Creek gaming is only thing working in Alabama (12/19)
Editorial: Poarch Creeks control their own destiny with gaming (11/24)
Supreme Court ruling bodes well for tribes in gaming cases (11/11)
Alabama AG vows to drop Indian gaming case if he loses decision (09/10)
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