A casino run by the Eastern Band of the Cherokee Nation advertised that it would open a live poker room
The casino, run by the Eastern Band of the Cherokee Nation, recently advertised that it would open a live poker room in early 2005, in an attempt to cash in on the TV-driven poker craze.
"Get ready for live Poker!" the casino proclaimed on its Web site. The room, it said, will feature 24 tables with games such as Texas Hold 'em, made popular by shows such as "Celebrity Poker Showdown" on Bravo and the World Series of Poker on ESPN.
The tribe believes it can add live poker tables under its current compact with the state of North Carolina, which allows the tribe to operate the only legal gaming casino in the state.
But gambling opponents aren't so sure, and Gov. Mike Easley's office and the National Indian Gaming Commission haven't taken a stand yet.
The casino in the N.C. mountains, about 160 miles west of Charlotte, features 3,300 video gaming terminals and a hotel that attract 3.5 million gamblers a year.
It opened in 1997 and benefits the tribe's 13,000 members, who each received at least $6,000 in gambling profits in 2003.
Tribal leaders said more than a year ago that they're interested in adding dealer tables with games such as roulette and blackjack, estimating they would bring 1,500 new jobs and $20 million a year in taxes to the state.
Poker wasn't near the top of their list because it's not a big moneymaker, casino spokeswoman Joyce Dugan said. Players win the big pots, not the house.
Then an explosion of televised games made poker a hot commodity, and the tribe decided a poker room could draw new players and help keep the hotel full, said Dugan, a former tribal chief. (The tribe broke ground a year ago on a $60 million casino and hotel expansion.)
The casino made plans to open a poker room next year, but erred, Dugan said, by advertising those plans too soon.
"We were kind of premature," she said. "There are still some things we need to have done."
Harrah's Cherokee has since pulled the description of tables and games from its Web site. It now says simply, "Poker Room Coming Early 2005."
The casino still plans to open the room but doesn't have a set date, Dugan said. Before an official announcement, the tribe plans to notify the governor's office and the federal gaming commission and set up internal regulations for the games, which would have to be approved by the Tribal Gaming Commission.
Easley's office stepped lightly when asked about the poker plans. The governor is the only public official authorized to make changes to the state's compact with the Eastern Band, which has been amended several times since it was first adopted to allow gaming in 1994.
Easley spokesman Ernie Seneca said the tribe has indicated an interest in revising the deal, but the governor's office has received no specific requests.
The Cherokee have become a political force. They're the only N.C. tribe allowed to run one. In South Carolina, the Catawba Indians operate a bingo casino in Rock Hill.
The Cherokee employ lobbyists to help protect their interests and have given significant campaign donations, including $250,000 to federal candidates in the most recent election cycle, and $213,000 to state and local candidates last year.
They're one of the main opponents of a state ban on video poker sought by law enforcement and have opposed federal recognition for the Lumbee tribe in Eastern North Carolina.
The Eastern Band's compact with the state allows certain types of games, including video poker and digital blackjack tables.
Dugan, Harrah's spokeswoman, said live poker tables would be OK as long as the winnings are split among the players with no cut for the casino. That falls under the definition of a Class II game, she said, and those are allowed by the compact.
If the house kept a portion of the winnings, called "the rake," as many casinos do in Las Vegas or Atlantic City, that wouldn't be allowed under the current deal.
Tribal casinos in other parts of the country already offer poker as Class II games, Dugan said.
Gambling opponents, however, believe it doesn't matter whether the casino makes a profit.
Federal law allows the Cherokee to offer games only if they're already authorized in some form by state law, said John Rustin, director of government relations at the N.C. Family Policy Council, a socially conservative research and education group.
"Video poker is allowed on a limited basis in North Carolina; therefore, the Cherokee can have it," Rustin said. But "games of chance" -- such as live blackjack and poker -- are illegal in North Carolina, so Rustin believes they would also be banned at the tribal casino, in any form.
That's one reason anti-gambling groups have opposed legislation that would allow nonprofit groups to raise money with charity "casino nights." That would open a loophole that might allow the Eastern Band to add games of chance, Rustin said.
Easley's office said any decision on whether the casino can operate a live poker room under current regulations would have to come from the National Indian Gaming Commission.
A spokesman for the commission confirmed the Cherokee interpretation that Class II games would not require an amendment to the compact, but didn't know if the Family Policy Council's objection would prevent the tribe from opening a poker room.
"We haven't received their proposal yet," said Shawn Pensoneau, the commission's director of Congressional affairs. Once it does, the agency will evaluate the plans and determine if they comply with state and federal law.
For now, poker fans will have to wait. Although the casino's plans have been discussed on poker message boards and Web sites, Dugan said the tribe is holding off on a major announcement until the details can be finalized.
"At the moment, things are kind of at a standstill," she said.
