A. Eric Johnston: Opposing the expansion of Poarch Indian gambling in…

HR 6180 is pending in the U.S. House of Representatives. It is sponsored by Alabama Reps. Jerry Carl, Barry Moore, Terri Sewell and Dale Strong. The purpose of this bill is to increase lands held in trust by the Poarch Band of Creek Indians. If that happens, it will result in expanding Indian gambling activities in Alabama. 

The issue goes back to 2009 when the U.S. Supreme Court decided the case of Carceiri v. Salazar. The case deals with what are official “tribal lands” and whether local or state governments have authority over them. The boundaries of tribal lands for all tribes were established by law in 1934. If land is in fact “tribal,” it is part of sovereign Indian land and not subject to local statutes, regulations and ordinances. If they are not “tribal” lands, they are subject to those laws, including in Alabama, the antigambling constitutional amendment and criminal statutes. 

Carceiri dealt with local Rhode Island building laws. Because the Narragansett Indians were not formally recognized by the federal government until 1983, the land they were developing was not tribal land and, therefore, subject to building regulations. While the Poarch Indians were not a party to that litigation, they are affected by it. 

The Poarch Indians were not recognized until 1984. So, like the Narragansett Indians, the Poarch Indian’s land is subject to Alabama laws. The Poarch Indians have gambling casinos in Escambia, Montgomery and Wetumpka counties in Alabama. Since the Carceiri decision, there have been lingering doubts about whether those lands are subject to Alabama gambling restrictions. Those questions have never been resolved. 

HR 6180 would resolve that question in favor of the Poarch Indians. The bill retroactively recognizes the Poarch Indians as of June 18, 1934. All lands owned by them become trust lands and, therefore, will not be subject to Alabama constitutional and criminal gambling law restrictions.

Testimony in support of the bill and the position of the Poarch Indians is that the land should be held in trust for the communal and civic benefit of the Poarch Indians, without restrictions of local laws. Nothing in the testimony recognizes the potential for gambling expansion, which is exactly what enactment of this bill would do. 

In the recent 2024 regular session of the Alabama Legislature, liberal gambling expansion was proposed of which the Poarch Indian’s gambling plans were an integral part. Those bills did not pass. They are expected to return. If HR 6180 becomes law, and gambling interests are successful in amending the Alabama Constitution to allow gambling, with related enabling legislation, the Poarch Indians will be able to expand their gambling operations to all of their lands in Alabama. It is, therefore, important that HR 6180 not become law. 

Gambling expansion is not good. We are damaged by gambling addiction, human and drug trafficking, organized crime, and damage to small businesses, the community and the family. There are many reasons to oppose gambling expansion. HR 6180 should be opposed for these reasons alone.

A. Eric Johnston is an attorney with the Southeast Law Institute in Birmingham, Ala. The Southeast Law Institute, Inc.™ is a 501(c)(3) organization providing legal counsel on constitutional and public policy issues.

The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to Commentary@1819News.com.

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