Indian Gaming > New York's top court upholds expansion of gaming

May 04, 2005

New York's top court upholds expansion of gaming

A state law allowing six tribal casinos and video lottery terminals at racetracks is constitutional, New York's highest court ruled on Tuesday.

In a 6-1 vote [PDF], the New York Court of Appeals said the authorization of six tribal casinos overrides the state constitution's ban on most forms of commercial gaming. The Indian Gaming Regulatory Act was "intended to expressly preempt the field in the governance of gaming activities on Indian lands," the judges noted.

On a 5-2 vote, the judges upheld the VLTs at racetracks, rejecting a claim that the machines are slot machines. By a unanimous vote, the judges said the state can also participate in the multi-state lottery.

In the wake of the September 11, 2001, terrorist attacks, state lawmakers authorized the biggest expansion of gaming in state history. The law allowed three casinos for the Seneca Nation -- including two off-reservation -- as well as three off-reservation casinos in the Catskills.

Gov. George Pataki (R) later negotiated deals with five tribes -- including three from other states -- for the Catskills casinos but has pulled them back in light of a recent U.S. Supreme Court decision.

Get the Story:
State's highest court backs casinos, VLTs (The Albany Times-Union 5/4)
Albany High Court Allows Video Lotteries at Tracks (The New York Times 5/4)
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Ruling backs state on legality of casinos (The Buffalo News 5/4)