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Mississippi Attorney General Sees No Legal Grounds To Block Choctaw Casino Project

Posted on July 25th, 2010

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Mississippi Gov. Haley R. Barbour, who is opposed to more gambling expansion in the state, has instructed Attorney General Jim Hood to take legal steps to demand that the planned Choctaw casino project on the tribal land in the Bogue Homa community in Jones County be stopped.
The governor is concerned over the damaging effect the gaming facility would have on the poor residents who, the governor said, would be the ones most exploited.

Government leaders in the state have agreed with the governor in opposing the planned development, saying the casino would not provide any new revenue for local governments, but would only impose additional work on state and local security personnel such as the police, fire and crisis response people, and that construction of the facility would bring harm to the local environment and put the rare species in the area at risk.

Tracie Stevens, chairwoman of the Indian Gaming Commission was also asked by the governor last Thursday not to continue with the casino project.

But Attorney General Hood, after studying the case, has decided that there is no legal basis to stop the planned gaming facility because the Choctaw Indians have the federal right to build casinos on land held in trust for them through a Compact signed in 1992. In 1939, lands in Jones County were held in trust for the Choctaw Tribe and in 1944 those lands were officially recognized as Choctaw Reservation.
In his written communication, Attorney General Hood said, “After thorough review, staff has found no viable legal cause of action, which would halt the proposed development, either by challenging the validity of the 1992 Gaming Compact between the State of Mississippi and the Mississippi Band of Choctaw Indians or by otherwise challenging the proposed development itself.”

Miko Beasley Denson, Tribal Chief of the Mission Band of Choctaw Indians hailed the Attorney General’s assessment of the Compact and acknowledged the foresight and good judgment of Gov. Kirk Fordice who signed the Compact with the tribe in 1992. He expressed appreciation for Gov. Fordice’s act that showed regard for the Tribe’s authority and independence over the state. He said gambling has economically benefitted the Tribal government and also those not belonging to the Tribe.

Denson said the Tribe will continue to work to make the casino project beneficial to all, notwithstanding the opposition from state officials.
Rep. Bobby Moak, D-Bogue Chitto, who is chairman of the House Gaming Committee has said that the 1992 Gaming Compact has the backing of the courts and that the Choctaws can go on with their planned casino.

Moak’s opinion, though, or anyone else’s, does not have a bearing on the Tribe’s decision or capacity to go ahead with the development of the casino.

Plans for a 27,000-square-foot gaming facility have been given approval by the Tribal Council. It will be located in the Choctaw reservation in the Bogue Homa community in Jones County. Estimated to cost $17 million, the casino would have 500 to 700 slot machines and is expected to provide jobs to 200 people.

The casino which would look like the Silver Star Casino will be licensed and regulated by the Choctaw Gaming Commission and the National Gaming Commission. It would be the Tribe’s first casino outside the Choctaw headquarters in Neshoba County.
Officials of the Pearl River Resort and representatives of the Tribe are coordinating with local government leaders of Jones County to build or improve roads and bridges and other infrastructure near the casino.

Tribal Councilwoman Lola Parkerson said they are confident of the public’s support for the project as evidenced by 57 percent of readers of an online poll at the Laurel Leader Call who have expressed their approval for a casino in Jones County.
The group of Concerned Citizens of Jones County, however, said they are demanding from the Choctaw Tribe a complete estimate of the cost of the casino. The group said it will be the tax payers who will be weighed down with the additional cost for infrastructure required for the new facility if the Tribe does not help with the payments.

The Tribe has given assurance that it will shoulder the cost for any improvement needed for the operation of their facility.