Casino files suit to stop Seminole Tribe games

By Mary Ellen Klas
Miami Herald

MIAMI — Three weeks before the Seminole Tribe is set to start operating blackjack and other card games at its Hard Rock Casino near Hollywood, Pompano Park’s Isle Casino wants a federal judge to stop it, alleging the games are illegal.

In a lawsuit filed Tuesday in the Northern District of Florida against Gov. Charlie Crist and U.S. Interior Secretary Dirk Kempthorne, the Pompano Beach casino claims the gambling compact signed by the governor and the tribe in November is invalid because it violates the federal Indian Gaming Regulatory Act, which allows tribes to play only games already authorized in Florida.

The Isle Casino argues that blackjack and other so-called “banked card games” are not allowed in Florida, and the governor exceeded his authority by giving the tribe both Las Vegas-style slot machines and card games. Banked card games, such as blackjack and baccarat, allow players to play against the casino, rather than against other players.

If the tribe is allowed to open the blackjack games as planned on June 23, the racetrack and casino “will suffer irreparable injury to its business, competitive standing and consumer base,” the lawsuit alleges.

Pompano Park operates 1,500 Las Vegas-style slot machines as one of four Broward County casinos allowed to operate the Class III machines.

“Banked card games are illegal in the state of Florida for anybody to operate -- an individual, a corporation and a tribe -- and the issue needs to be resolved,” said Jill Haynes, spokeswoman for Isle of Capri, the parent company of the Pompano Park casino.

“The Seminoles operate six facilities -- all within driving distance of Pompano Park. If the Isle at Pompano Park were to operate the same games, our company would face a possible fine and imprisonment, as well as risk our gaming license.”

The lawsuit comes as South Florida casinos await a Florida Supreme Court ruling on another challenge to the compact brought by the state House of Representatives and Speaker Marco Rubio.

They sued the governor and the tribe, claiming that the compact violated the Florida Constitution because it creates law without legislative action.

The court heard the case on Jan. 30 and has yet to decide whether to approve the compact, order the governor to renegotiate and get legislative approval, or find some other resolution.

Seminoles attorney Barry Richard said the tribe is reviewing the case with the governor’s office and Secretary Kempthorne.

“They didn’t sue us and I don’t know if they can proceed without us on the case, since we’re an indispensable party,” Richard said.

Crist spokesman Sterling Ivey said the governor’s legal staff “will begin evaluating our options to determine what our next course of action will be.”