ABSTRACT POLITICAL SCIENCE ALSTON, THERESE A. B.A. UNIVERSITY OF MASSACHUSETTS, 1981 M.A. UNIVERSITY OF MASSACHUSETTS, 1986 TRIBAL SOVEREIGNTY: A CASE STUDY OF CASINO GAMING BY THE POARCH BAND OF CREEK INDIANS IN ALABAMA Committee Chair: William Boone, Ph.D. Dissertation dated May 2018 This case study examined casino gaming by the Poarch Band of Creek Indians (PCI) in Alabama within the context of tribal sovereignty. It critiqued tribal developments over a five-year period beginning in 2009 with the opening of their first multi-million dollar casino and hotel. No previous studies on gaming or tribal sovereignty for this tribe existed. There were only a few studies on this dual topic for other Indian tribes but none of which utilized a political science theoretical approach. The study found that tribal sovereignty existed since American Indian tribes existed and sovereignty was strongest during the early treaty-making period. Thereafter, tribal authority and self-determination of Indian tribes became limited as it was redefined by federal policies, Congressional actions and Supreme Court decisions. i When treaty-making ended, the political history for Indian tribes became a narrative of termination, relocation and assimilation. The Poarch Band of Creeks Indians were a small group that remained poor and obscure after the Indian removal period. Casino gaming has given them an economic and political resurgence. The early legal interpretation of tribes’ political status was that of “domestic dependent nations” which continues to influence federal Indian policy today and thus the parameters of tribal sovereignty as well. While the level of federal dependency for some gaming tribes has been reduced, tribes are not fully self-sufficient. Similar to other industries, casino gaming is impacted by supply, demand and increased competition and thus long-term permanent gains cannot be predicted. For the Poarch Band Creeks, gaming increased their political awareness and led to greater political involvement in lobbying. It also created new community and business partnerships. Gaming also prospered the Poarch Band Creeks not only in terms of improving their quality of life but they now have financial resources to sustain legal battles to protect their sovereignty from intrusion by the state of Alabama. Alabama was successful in closing all non-Indian casinos but not when it attempted to close Indian casinos. This study highlights the political strategies and sovereignty protections utilized by the Poarch Creek Indians in their response to contemporary political challenges by the state of Alabama. ii TRIBAL SOVEREIGNTY: A CASE STUDY OF CASINO GAMING BY THE POARCH BAND OF CREEK INDIANS IN ALABAMA A DISSERTATION SUBMITTED TO THE FACULTY OF CLARK ATLANTA UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY BY THERESE A. ALSTON DEPARTMENT OF POLITICAL SCIENCE ATLANTA, GEORGIA MAY 2018 © 2018 THERESE A. ALSTON All Rights Reserved ACKNOWLEDGEMENTS This research project was a major undertaking and took several years to complete. I would like to thank my committee members, Dr. William Boone, Dr. James Jennings, and Dr. Hashim Gibrill for their feedback, advice and encouragement. Gratitude also goes to Robert McGhee, Sharon Delmar, Robert Thrower, and members of the Poarch Bank Creek Indians, without whom this study could not have been completed. When the literature review was underway and an important source, Documents of American Indian Diplomacy, Treaties, Agreements, and Conventions 1775-1979, compiled by the late Vine Deloria Jr. and Raymond J. DeMallie, could not be located, the publisher was contacted who then contacted the editor(s). A few weeks later the large 2-volume set (1,540 pages) arrived at my door free of charge. After reading some of the treaties and other documents, there was no doubt in my mind that the doctoral research needed to examine an important aspect of American Indian diplomacy. Special thanks and appreciation are also extended to my son, Rick Alston, who continued to motivate, encourage, and believe in the importance of my work. He provided tremendous support, as well as my granddaughter Miracle Alston, both of whom made sacrifices in order for this project to be completed. Last but always first, I thank God, my Creator, who made the research possible by directing my path, removing obstacles, lifting me up, and keeping me safe. iii TABLE OF CONTENTS ACKNOWLEDGEMENTS ............................................................................................... iii CHAPTER I. RESEARCH DESIGN .............................................................................................1 Statement of the Problem ........................................................................................1 Central Research Question ......................................................................................6 Sub-Questions .................................................................................................6 Major Concepts .......................................................................................................6 Theoretical Framework ...........................................................................................8 Research Method .....................................................................................................9 Reporting and Analyzing Research Findings ........................................................13 Significance of the Research .................................................................................14 II. LITERATURE REVIEW PART ONE - SOVEREIGNTY...................................16 Theories of Sovereignty ........................................................................................16 American Sovereignty ...........................................................................................17 Tribal Sovereignty .................................................................................................25 Period One: Treaty-Making and Federalism (1778 – 1870s) .......................26 Period Two: Land Allotments and Western Expansion (1880s – 1930s) .............................................................................................49 Period Three: Indian Reorganization (1930s – 1950s) .................................52 Period Four: Termination, Displacement and Urban Relocation (1950s -1960) ................................................................................................56 iv CHAPTER Period Five: Political Activism and Supreme Court Jurisprudence (1960s – Present)...........................................................................................60 III. LITERATURE REVIEW PART TWO ................................................................76 Political History of the Poarch Band of Creek Indians .........................................76 Indian Gaming – A Growing National Phenomenon ............................................85 Non-Indian Commercial Gaming ........................................................................118 Non-Indian Commerical Gaming in Alabama ....................................................129 IV. RESEARCH FINDINGS .....................................................................................138 Poarch Creek Indian (PCI) Gaming ....................................................................138 Poarch Creek Tribal Government .......................................................................145 Philanthropy, Revenue Sharing, and Taxation ....................................................159 Challenges to Poarch Creek Sovereignty ............................................................164 Inter-Tribal Political Conflict ..............................................................................177 V. CONCLUSIONS .................................................................................................187 Postscript ............................................................................................................205 APPENDIX A. Casino Gaming by State.......................................................................................208 B. Court Case Summaries Relevant to Tribal Sovereignty ......................................210 BIBLIOGRAPHY ............................................................................................................221 v CHAPTER I RESEARCH DESIGN Statement of the Problem Casino gaming by Indians is less than a 30-year phenomenon and the impact on tribes has not been well studied. Because of their sovereign status, tribes are only accountable to the federal government and public information on tribal affairs is not readily available. There is a unique situation surrounding gaming by the Poarch Band of Creek Indians (PCI Gaming) in Alabama. They operate casinos in a state that has declared casino gaming to be illegal. This research study describes and critiques the controversial events that unfolded regarding their casino gaming. Prior to August 2010, there were several non-Indian gaming operations in Alabama that offered electronic bingo including four large non-Indian casinos. They were eventually declared illegal by the former anti-gaming republican Governor Bob Riley who established a Task Force Against Gambling with a goal of ending gambling in the state including tribal gaming by the Poarch Creek Indians. By August 2010, all non-Indian casinos were forced to close their doors as well as several smaller non-Indian charitable organizations.