According to the Indian Gaming Regulatory Act, "Class III [i.e., Vegas-style] gaming activities shall be lawful on Indian lands only if such activities are … located in a State that permits such gaming for any purpose by any person organization, or entity, and ... conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph (3) that is in effect."
In other words, it doesn’t matter whether casinos in Ohio were approved by constitutional amendment, a vote of the legislature or – as briefly appeared possible – an executive order from the governor. Once they've been OK'd, Native American tribes are entitled to the exact same casino offerings. While it is still in dispute in the courts as to whether IGRA mandates states to negotiate with tribes, in the case of an egregious delay, the Department of the Interior has the prerogative of giving a tribe’s proposed compact the force of law by publishing it in the federal register.
Florida, a predominantly anti-casino state, is currently in an interesting predicament because of its inability to arrive at a compact with the Seminole Tribe. Two counties in Florida voted to authorize slot machines at horse tracks, jai alai frontons and other parimutuel facilities. Once that happened, the Seminoles were entitled to Class III slots, too. Gov. Charlie Crist unilaterally negotiated a compact – later thrown out as unconstitutional – that gave the Seminoles not only slots but table games, too.
Since then, Florida lawmakers have been trying to come up with an arrangement that placates all factions of the state’s gambling and parimutuel industries. At the same time, the Seminoles are keeping their blackjack tables in play – and banking hundreds of millions of dollars that were set aside for the state under the Crist compact. Frustrated with their inability to rein in the Seminoles, some Florida legislators are now talking about making Florida a wide-open casino state, even though it has fallen well short of expectations as a slot market. The largest potential entrant, Boyd Gaming, pulled out of Florida rather than even attempt to compete with the well-entrenched Seminole casinos.
