High court invalidates Crist-Seminole gambling compact

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TALLAHASSEE (FBW)-The Florida Supreme Court unanimously overturned an agreement between Gov. Charlie Crist and the Seminole Indian Tribe allowing expanded gambling at its casinos, siding with House Speaker Marco Rubio in the July 3 ruling.

Despite the high court's ruling, the Seminoles continue to offer the illegal games at their casinos, and a subsequent decision by a federal court has ruled that it does not have jurisdiction in the matter.

Meanwhile, Gov. Charlie Crist has suggested he may allow the "status quo go on for while," implying his expected appointments of a majority of the court-four of seven justices-in the coming months may permit the dispute to be decided differently in the future.

"We hold that the Governor does not have the constitutional authority to bind the State to a gaming compact that clearly departs from the State's public policy by legalizing types of gaming that are illegal everywhere else in the State," wrote Justice Raoul G. Cantero III. Justices Charles T. Wells, Harry Lee Anstead, Barbara J. Pariente and Kenneth B. Bell concurred in the 32-page ruling.

Chief Justice Peggy Quince and Justice R. Fred Lewis concurred only in the result, with Lewis writing his own opinion in which he argued for a more narrowly tailored decision.

Reversing a campaign promise to oppose expanded gambling, Gov. Crist entered into the compact with the Seminoles last November.

The Seminoles agreed to pay the state hundreds of millions of dollars over the 25-year deal in exchange for Las Vegas-style slots (approved by voters for local referendums in Broward and Miami-Dade counties in a 2004 state constitutional amendment), exclusivity of those slots outside of Brow­ard and Miami-Dade, and authorization for certain games-like black jack and baccarat-currently illegal in the state.

In filing the lawsuit with the high court on behalf of the Florida House of Representatives, Rubio argued the governor does not have the unilateral authority to execute a compact, especially when the agreement authorizes illegal games. The Florida Senate filed a brief in support of Rubio's position.

Crist maintained the governor has authority to enter into an agreement with the sovereign Indian nation without legislative approval, although Crist indicated earlier he would seek affirmation of the Legislature.

"We conclude that the Governor's execution of a compact authorizing types of gaming that are prohibited under Florida law violates the separation of powers. The Governor has no authority to change or amend state law. Such power falls exclusively to the Legislature. Therefore, we hold that the Governor lacked authority to bind the State to a compact that violates Florida law as this compact does," Cantero wrote in concluding his opinion.

In a statement, Rubio praised the ruling as a "victory for our constitutional system of checks and balances."

He added, "I look forward to an open and deliberative process that results in a new compact that doesn't unnecessarily expand gambling in our state and that's fair to our taxpayers. In the meantime, I trust that Governor Crist and the Seminole Tribe will abide by the court's decision and act in accordance with the law."

Florida Baptist Convention legislative consultant Bill Bunkley told Florida Baptist Witness he was pleased with the Supreme Court decision.

The high court "affirmed what many of us had believed-that Gov. Crist clearly overstepped his authority by unilaterally granting expanded gambling authorization...," Bunkley said.

"Had the governor stuck to his original public comments of negotiating the state's position with the Florida House and Senate, we would not be in the cost­ly quagmire of undoing or adjusting a compact that has already been unconstitutionally implemented," he added.

Bunkley warned the high court's ruling may be only a temporary setback for gambling forces.

"The push to make Florida the number one gambling destination is far from over," he told the Witness.

Crist's reaction to the ruling seems to underscore Bunkley's fears.

According to several news accounts, Crist told reporters on July 7, "You know, the machines are there, obviously. It seems to me that giving this some time to marinate a bit would be prudent. And that's what I plan to do-and then have a chance to do what is best for Florida. That's the most important thing. Having the extra money to pay teachers more is important to me and it's important to the Legislature."

Crist added, "I respect the court's opinion, I do. And I look forward to being able to name a majority of their membership soon."

Two justices have recently announced their intentions to resign from the Supreme Court and two others will soon retire.

Justice Cantero has resigned, effective September 6, while Justice Bell's resignation is effective October 1. Justices Wells and Anstead, meanwhile, are required to retire in 2009 after reaching the mandatory retirement age of 70.

In spite of the Supreme Court decision overturning the compact, the illegal games authorized by the compact continue at the Seminole casinos. The Seminoles began operating the games only last month. Tribe representatives say the illegal games will continue unless the U.S. Department of the Interior, which has jurisdiction over Indian gambling and has approved the compact, intervenes.

Lawyers for the tribe and the governor filed separate motions with the Supreme Court July 17 seeking a re-hearing of the case. "They're asking for a rehearing for one reason-stalling purposes," Sen. Steve Geller, D-Cooper City, a gambling proponent who has been critical of the compact, told the Miami Herald.

In a related matter, U.S. District Judge Stephan P. Mickle ruled July 9 that he does not have the authority to block the compact in a decision rejecting a lawsuit filed by The Isle Casino & Racing at Pompano Park seeking an injunction against the compact, according to the South Florida Sun-Sentinel.

Because the U.S. Department of the Interior has approved the Crist-Seminole compact, the Seminoles are a sovereign nation in which the federal courts have no authority, and the Pompano casino did not include the Seminole Tribe in its lawsuit, Mickle ruled he has no authority to intervene.

For a summary of these and related gambling issues, see the April 2, 2008, Florida Baptist Witness special report, "Gambling with Florida" at www.FloridaBaptistWitness.com.