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Future of Arizona Gaming Rests with Appeals Court

"…Arizona's ever-expanding complexity of Indian gaming and dog- and horse-race wagering took center stage Monday before a federal appeals court, which is weighing whether Gov. Jane Hull had the authority to negotiate 10-year gaming compacts with 16 Arizona tribes.

"Also in the mix are three competing voter initiatives that may appear on the November ballot. Supporters submitted their proposals to the secretary of state last week and said they expect them to go before voters.

"The gambling controversy began last year, when a federal judge said Hull did not have power under the Arizona Constitution to sign gambling accords with the tribes in the Legislature's absence.

"U.S. District Judge Robert Broomfield nullified the agreements that called for more slot machines, allowed Las Vegas-style blackjack and gave the state a cut of the take. The current compacts expire next year and, unless the courts reinstate them, the tribes are out of luck and must shutter the bulk of their gaming action.

"But during 50 minutes of oral arguments, a three-judge panel of the 9th U.S. Circuit Court of Appeals suggested the Arizona Supreme Court should decide whether Hull exercised too much power to negotiate Indian gaming compacts.

"…Attorneys representing the state and the racing industry urged the 9th Circuit to resolve the matter. They said the issue couldn't be decided by the Arizona Supreme Court before the gaming compacts expire in February.

"A host of tribes, meanwhile, have urged the court to let the negotiated compacts become law…"

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