Court ruling could mean Ala. Indian tribe will have to pay taxes

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By Melissa McKinney - bio | email

By John Shryock - bio | email

The WindCreek Casino in Atmore, Alabama.

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MONTGOMERY, AL (WSFA) -

The U.S. Supreme Court Monday upheld a Rhode Island ruling that could have a major impact on the Poarch Band of Creek Indians in Alabama.

The High Court upheld a previous ruling in Carcieri vs. Salazar, which some believe is proof that the Poarch Creek Indians are not exempt from paying taxes. The legal battle continues.

The Escambia County Commission is challenging the tribe's status in an effort to increase revenue for the South Alabama county. The Indians run the WindCreek Casino in Atmore, and contend that it's on federally protected Indian land and thus not subject to taxation.

Monday, the Supreme Court ruled that tribes cannot take advantage of taxation exemptions if they were not recognized before the Indian Reorganization Act of 1934. The Poarch Band wasn't federally recognized until 1984.

The U.S. Secretary of the Department of the Interior released a statement last week saying the band's reservation is held in trust by the United States, and the tribe enjoys all rights and privileges associated with that.

But an attorney for the Escambia County Commission, Bryan Taylor, says that is not what the nation's highest court believes. "We've got a Supreme Court ruling, we've got a multi-million dollar business that's claiming a tax exemption that the Supreme Court indicates they're not entitled to," Taylor said. "Shouldn't we at least be asking questions making sure everyone's paying their fair share?"

An attorney with the Poarch Band of Creek Indians--Venus Prince--released a statement following the Supreme Court ruling:

"Today's ruling by the Supreme Court is a narrow decision that does not affect Poarch Creek's trust lands. Mr. Taylor completely ignores (or is unaware of) the fact that today's decision in no way challenges the federal government's existing title to trust lands that it has held for longer than six years. As the Department of Interior emphasized in its recent letter to the Escambia County Commission, the Poarch Band of Creek Indians "enjoys all rights and privileges associated with having its Reservation held in trust." Nothing in the Patchak decision changes that position."

The County Commission is expected to sit down and talk with the Poarch Band of Creek Indians soon to discuss the ruling. It's important to know that the ruling may also apply to the Creek Casino in Wetumpka and the Tallapoosa Casino in Montgomery as well as other businesses the tribe may own.

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