Knowin' when to fold 'em.

Byline: The Register-Guard

Any poker player worth his salt knows it's time to call it a night when the guy across the table is on a roll and the best you can come up with is a pair of deuces.

Gov. Ted Kulongoski made the right call Monday when he chose to fold the state's legal hand by announcing he will not appeal the latest federal court ruling upholding a proposed tribal casino near Florence. The governor recognized that it would have been a high-risk gamble to proceed with an appeal of the recent ruling by U.S. District Judge Tom Coffin upholding the right of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians to build a casino on the 98-acre Hatch Tract just east of the city.

The most probable outcome of an expensive, time-consuming appeal would have been merely to delay, once again, the $26 million casino project, one that the tribes hope will generate much-needed revenues for economic and social development.

Kulongoski's decision means the state has now cleared the way for the 720-member confederation to locate a casino near Florence and to begin reaping the economic benefits that are already are flowing to Oregon's eight other tribal groups. Before leaving office, the governor's predecessor, John Kitzhaber, agreed to a compact with the tribes that allows gambling at the site, pending the outcome of the state's appeal.

The tribes may still face another hurdle in the form of a possible lawsuit by determined opponents, who fear that a casino will damage the city, its economy and community life, and result in higher rates of gambling addiction and related social problems. They contend, among other things, that the tribes misled the community when they asked the federal government to take the Hatch Tract into trust in 1998.

Casino opponents have every right to pursue whatever legal action they feel is justified in their battle against the casino. But they might consider, as did former state Supreme Court Justice Kulongoski, that two federal district court judges, one in Washington, D.C., and one in Oregon, have now upheld the reservation status of the Hatch Tract.

They might also take to heart Kulongoski's exhortation to Florence officials, who have opposed the casino, and the tribes to begin working together to address community concerns about the casino's impacts on traffic, the environment, sprawl and an array of other issues.

Although the City Council voted earlier to refuse cooperation with the tribes, it seems wrongheaded and counterproductive at this point to continue refusing to negotiate on important issues ranging from water and sewer services to public safety and local traffic flows. If city officials are as concerned about the casino's impact on the city's quality of life as they profess, they should start working with the tribes on how best to preserve it.

Opponents raise legitimate concerns about the casino's impacts. While their objections and frustrations are understandably aimed at the proposed tribal project at hand, they should keep in mind that their real gripe is with the federal government. In the late 1980s, in an effort to cut costs and reduce the size of government, Congress seized on Indian gaming as the best way to stem the tide of government handouts, encourage economic development and promote tribal self-sufficiency.

The Indian Gaming Regulatory Act, which federal lawmakers approved in 1988, proved to be a poorly written, loophole-laced mishmash. It established a skewed regulatory system that gives far too little say to state and local officials. The law has fostered bitter conflicts, such as the one that has arisen in Florence, between tribes and local communities across the country.

The Confederated Tribes of Coos, Lower Umpqua and Siuslaw didn't invent this abysmal federal law. And they shouldn't be blamed for seeking to become the last tribal group in Oregon to attempt to take advantage of it.

Meanwhile, Kulongoski deserves credit for making a tough decision that may earn him the lasting enmity of some coastal residents. While the governor no doubt sympathized with the concerns of casino opponents, he recognized that the tribes were holding a straight flush in the form of their clearly established - and twice affirmed - legal right to build a casino near Florence.