A Copy Of Strange's Lawsuit Against Poarch Creek IndiansRickey Stokes
Posted by: RStokes
Date: Feb 19 2013 9:10 AM
ELMORE COUNTY AL: Alabama Attorney General Luther Strange has filed a civil lawsuit against the Elmore County Poarch Creek Indians. Strange has filed the civil action in an Alabama State Court seeking to close the "federally" protected Indian casino.
While this action is filed the Attorney General has taken Alabama State Troopers from protecting the public on wet roads and driving and raiding Victoryland and closed the facility.
Here is the civil action filed by Strange.
QUESTION: The Indians are protected under Federal Law and not by state law. So, does this require action to be filed in Federal Court in that state court has no jurisdiction over the Federal Indians? So is the filing of the Attorney General in state court just for show and he knows they have no jurisdiction.
ANSWER: The Poarch Creek Band of Indians are protected by federal law. They have been recognized as a sovereign nation and not regulated by the Alabama State laws or the Alabama State Courts. In fact, if you were to fall at the casino your action would be required to be filed in the United States Federal Court and not in state court. So, the filing in state court by Attorney General Luther Strange is ONLY A SMOKE SCREEN. While he has never tried many cases in court, even I, a non-lawyer knows that.
Futhermore, the federal regulations regarding the Indians having electronic bingo. As I understand it, if Alabama allows bingo "of any kind", to include the church playing bingo, then the Federal law allows the Indians to play the electronic bingo.
The Alabama law is so vague and vaguly written, no one knows exactly what it means. As Houston County Sheriff Andy Hughes has said before, the Alabama Legislature needs to clear this up or the Alabama Supreme Court needs to make a definitive ruling. The law is so vaguly written no one knows what exactly it means.