Journal Record, The (Oklahoma City): An open door to gamble

Encouraged by recent court decisions, officials with the Biltmore Hotel Oklahoma City may seek to open an on-site casino "with rights equal to Indian Nation casinos," it was announced Wednesday.

William Davis, general manager of the Biltmore Hotel Oklahoma, said that non-tribal facilities have been far more restricted by state laws than tribal gaming facilities, but recent court rulings may even the playing field.

Texas Attorney General John Cornyn initiated the case referred to by Davis in 1999 when Cornyn sought to close a casino operated by the Tigua Indians. Cornyn argued that the casino violated state law prohibiting casino gambling.

U.S. District Judge Garnet Thomas Eisele sided with Cornyn and ruled in October that the Tigua casino must close. The Tiguas appealed to the 5th U.S. Circuit Court of Appeals, but a three-judge panel of the appeals court ultimately affirmed Eisele's ruling. The Tiguas asked the U.S. Supreme Court to grant a stay but were rejected this week.

Davis said the court ruling may have "cracked the door" to allow states to impose similar regulations on both tribal and non-tribal gambling facilities because the court ruled that sovereign Indian nations are not immune to state and federal law.

Davis said he does not want to close any tribal facilities in Oklahoma, but would like officials to place all facilities on equal footing. He said the Biltmore is proceeding with preliminary market surveys and feasibility research on the possible development of a casino with rights equal to Indian Nation casinos on the Biltmore property at the northwest corner of Interstate 40 and Meridian Avenue in Oklahoma City.

"This isn't a General Custer crusade against Indians," Davis said. "It's a crusade for equal rights."

The Biltmore is already home to an off-track betting facility that Davis said serves about 250 people per day and generates thousands of dollars in tax revenue every week.

However, the Biltmore facility has not been able to offer many Class I and Class II gambling activities, such as bingo, that are offered at tribal facilities. At the same time, tribal facilities have become much more aggressive in their marketing efforts -- going so far as to place a billboard right outside the Biltmore in the last month.

That didn't sit well with Davis.

"That sign just wears me out," he said.

Davis said state officials should allow existing, non-tribal betting parlors to offer Class I and II gambling, leaving those activities regulated by the Oklahoma Racing Commission.

He said the hotel might seek the right to offer additional gambling activities by pursuing equal rights litigation in the federal courts, particularly in light of the Texas ruling.

The hotel may also use the initiative petition process to put the issue before a vote of the people. Davis said market research indicates that voters support allowing casino gambling by a three-to- one ratio.

In the past, local officials have opposed gambling activities, but Davis said that opposition has been futile.

"It's like prohibition," Davis said. "People were already drinking, so you weren't keeping them from drinking. I'm saying casinos are already here and you're not keeping them out anymore -- they're here."

In a release, he noted that Biltmore officials have not supported casino gambling in the past, but added, "The Biltmore is mystified how the proliferation of Indian casinos in the metro area occurred right under the noses of conservative religious groups, voters, press, governor and state legislators."

There are currently six tribal casinos in central Oklahoma.

Officials are also exploring the possibility of establishing casino mini-river boats on the MAPS Canadian River Project, Davis said. He said federal officials may have jurisdiction over transit on those waterways and legal research is under way.

Davis said his proposal would not mean that the state would have to allow gambling at every gas station in Oklahoma. Instead, he said the state could still limit gambling to existing sites and maintain strict oversight of those facilities.

"I think they ought to be subject to city, state, county taxes," he said. "I think there ought to be strict controls on them. I think probably the easy way to start it is where there's already gambling, and (apply) the same regulations that the Indians get."

While tribal facilities are tax-exempt, the Biltmore project would be subject to all applicable city, county, state and federal taxes, Davis noted.

He also pointed out that Class III casino gambling, such as blackjack and slots, would remain illegal under state law. Those activities are not offered at most tribal sites, although one facility near Norman has been sued over allegations of illegal Class III activities.

"We intend to obey the law," Davis said. "All I want is equal rights and everybody to obey the law."