Judge sets trial date for Semiole Tribe's lawsuit against Florida over failed gambling agreement negotiations

U.S. District Judge Robert L. Hinkle is moving forward with the Seminole tribe's lawsuit against Florida over a failed gambling agreement in 2010. Reports say Hinkle announced on Tuesday that he has scheduled a two-week trial for the case in July.

The cause of action of the case primarily stems from a 2010 gambling agreement between the state of Florida and the Seminole tribe. Under the deal, tribal casinos would be granted exclusive rights to offer banked card games like blackjack. However, within the 5-year subsistence of the agreement, the state reportedly acted in bad faith by allowing other gambling centers to offer similar games, CBS reported.

Further, the Seminoles contend that the expiry of the contract does not necessarily terminate their ability to continue offering the games to its customers.

According to the Sun Sentinel, under the Indian Gaming Regulatory Act, states are required to negotiate in good faith when granting gambling authority to tribes seeking it. Florida's contention is that the federal law only applies during the initial compact, but not during a subsequent re-negotiation following its expiry.

Judge Hinkle, however, finds the state's argument bereft of merit, saying, "Any reading of the act that would suggest a state has no duty to negotiate at that time would make no sense --- it would mean that when a state's first compact with a tribe ended, the state would be relieved of any obligation to negotiate a new or extended compact."

Meanwhile, Florida Governor Rick Scott arrived at a new agreement with the Seminole tribe last month, as noted by the World Casino News. Under the new pact, the tribal enterprise would be granted the authority to continue offering black as well as other table games, including roulette. However, the deal would require the approval of the Florida legislature before the parties can formally enter into the contract. A review on the deal will commence next week.

The Florida Chamber of Commerce issued a statement on their website saying, "The Compact will result in $3 billion in revenue to Florida over seven years, which is three times the guarantee of the prior Compact.  Additionally, the Compact will not only save 3,500 jobs, but will also generate 15,000 new jobs."

A survey commissioned by the chamber indicates that more residents find that the agreement has been beneficial to the state. Respondents believed that the Seminole tribe has followed the provisions of the agreement in good faith. 

Tags

Florida, Semiole tribe, Gambling, gambling agreement, compact, Judge Robert L. Hinkle, Indian Gaming Regulatory Act, blackjack, Rick Scott

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