Casino news source: Sun Herald - http://www.sunherald.com
Expedited AG opinion on casino vote sought
Board hopes to hear by April 2
By TOM WILEMON
tewilemon@sunherald.com
The Jackson County Board of Supervisors on Friday asked the Mississippi Attorney General's Office to issue an expedited opinion on whether it can call a non-binding referendum on a proposed tribal casino near Ocean Springs.
The move came three days after the Ocean Springs Board of Aldermen passed a resolution calling on supervisors to schedule a "timely vote." In the same resolution, which passed unanimously, aldermen went on record as being opposed to gambling in Jackson County.
The action by supervisors occurred about two weeks after State Rep. Danny Guice, R-Ocean Springs, asked for and received an attorney general's opinion that said such a vote "would be a proper subject of a non-binding referendum."
Supervisors have been reluctant to assert the authority to call such an election and have asked that a special law be passed by the Legislature directly stating they could hold the vote.
Gambling is illegal in Jackson County because residents there have voted to keep out casinos.
Tribal casinos do not have to abide by state or local laws. The Mississippi Band of Choctaw Indians, which has proposed putting a casino near Interstate 10 east of Ocean Springs, has asked that the U.S. Department of the Interior to add land the tribe owns there to its reservation for the purpose of operating a casino.
One of the factors the federal government considers in such a request is whether or not there is community support.
Supervisors Frank Leach and Tim Broussard called the Sun Herald on Saturday morning to notify the newspaper the board had issued a press release regarding its request for an attorney general's opinion.
"Supervisors felt it was prudent to request the Attorney General's Opinion in case the local and private legislation failed," the press release states. "Certainly, the board is aware of the Attorney General's Opinion to Rep. Danny Guice on the subject of the non-binding referendum; however, pursuant to state statute MCA 7-5-25, opinions of the Attorney General are limited in protection and application to the requesting party and opinions to other officials are advisory only and have no legal effect. The Board needs the opinion written to them, and only them, in order to legally protect the process and the citizens of Jackson County."
Supervisors said they are optimistic about having an answer by their April 2 meeting, when they expect to set a date for the non-binding referendum.
"The Board previously made a commitment to the citizens of Jackson County to afford them the opportunity to express their opinion on this issue," the press release concluded. "We stand by that commitment and will continue to explore all options available to enable that to happen." |
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