"First, let us state the obvious: Anyone who visits an Indian casino to gamble, dine, be entertained or rent a hotel room is a visitor on an Indian reservation, which has the rights of a sovereign nation.

Seminole and Miccosukee Indian reservations have the rights of sovereign nations within the state of Florida and cannot be sued unless the tribe agrees to waive its immunity. Criminal cases, however, are turned over to state courts.

But persons with claims aren't without recourse. Nearly all of the civil lawsuits brought against the Seminoles are settled through negotiations with the tribes and their insurers. Even the Tampa lawyer representing the Lakeland woman who sued said that the settlements usually are generous. Still, the few cases that make it to court invariably are rebuffed because of Indian sovereignty rights. Florida visitors should be aware of Indian rights."

Get the Story:
Editorial: Sovereign casinos (The Miami Herald 8/5)
pw1

Related Stories:
Seminole Tribe asserts immunity in some cases (07/26)
Florida judge critical of tribe in immunity case (07/05)