Indian Gaming > Column: New York gaming opponents blew lawsuit

August 29, 2006

Column: New York gaming opponents blew lawsuit

"The opponents of legal gambling, the "anti's," in New York were given a once-in-a-lifetime opportunity to outlaw the forms of betting they hate most. They managed to get their case heard by the highest court in the state. And they blew it - big-time.

Any decent gaming lawyer could have won their case in less than five minutes.

The anti's big mistake can be found in a footnote, number 4:

"... there is a conflict in the interpretation of IGRA - whether a state must negotiate with tribes concerning all forms of Class III gaming when it allows any type of Class III gaming, or whether it must only negotiate for the specific games permitted in the state. We do not address this issue as the plaintiffs have challenged the authority to enter into tribal-state compacts in general, rather than the authority to negotiate for particular games."

Anyone who knows anything about Indian gaming knows:

1) Congress passed a statute called the Indian Gaming Regulatory Act ("IGRA");

2) IGRA divides all gaming into three Classes; and

3) Tribes can offer Class III games only if that form of gambling is permitted in the state and there is a tribal-state compact.

Somehow, the lawyers for the anti's missed the point. They argued that the state did not have the authority to enter into compacts at all.

The anti's went on and on about the state's public policy against "commercial casinos." But the proper legal response is, "Who cares?""

Get the Story:
I Nelson Rose: Gambling -New York Antis Blow It (Eye on Gambling 8/29)