Gov. Haley Barbour said he is moving forward with a plan to hire counsel to stop the spread of Choctaw gaming to Jones County, but is the investment in lawyers really worth the trip to court? Attorney General Jim Hood sent a memorandum to Barbour saying the state had no basis upon which to build a legal argument against the tribe's decision to build a 27,000-square-foot casino with slot machines and a snack bar on Choctaw-owned land near Laurel.
Hood said he based his analysis upon the 1992 Gaming Compact between the state of Mississippi and the Mississippi Band of Choctaw Indians, which does not restrict gaming to the tribe's main territory in Neshoba County.
The tribe stated in its press release, published in the Neshoba Democrat, that "Under the compact, the tribe has a federally protected right to develop gaming facilities on property held in trust," and the tribe points out that the lands in Jones County have been held in trust for the tribe since 1939 and was declared Choctaw Reservation land in 1944.
Furious that Hood made public his analysis, Barbour sent a letter saying the public disclosure constituted a "breach of confidentiality," which prevents Hood from representing the interests of the state of Mississippi in the suit.
Hood, in response, said his staff had been doing research on the matter prior to Barbour's request and provided "a copy of our internal research to a member of the Legislature who asked us what the law was on this matter."
Barbour's issue with Hood is largely beside the point. It is clear former Gov. Kirk Fordice, who agreed to the 1992 Gaming Compact, did not give the issue of a Jones County Choctaw casino much thought. Any attempt to change now means a change in the compact, which would require the Choctaw's blessing.
In the eyes of the state's top lawyer, Mississippi stands ready to lose an expensive lawsuit against the Mississippi Band of Choctaws. Tribal leaders, so far, are not publishing any concession letters from senators and representatives and Republican statewide office-holders like Barbour and Lt. Gov. Phil Bryant to withdraw their push to build the new casino. Perhaps it's time for more than just letters demanding they change their mind.
This battle represents a historic turn-around. For decades, the state used its laws to exclude Choctaws from public water fountains and employment. Now the state must engage in a humble conversation of give and take with the tribe.
The JFP is not advocating for the construction of a new casino. But the coastal area is already filled with casinos, and if the state-taxed casinos and the casino-inundated residents want to avoid one more, they'd best learn how to barter, because the law may serve only to cost us money this time around.
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