Master of Jurisprudence in Indian Law - University of Tulsa College of Law
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Compacts | Legislation | Litigation
Massachusetts defends tribal provisions in new gaming law


A federal judge heard arguments on Tuesday in a lawsuit challenging tribal provisions in the Massachusetts gaming law.

H.3702 authorizes three casinos in different regions of the state. The casino in Region C -- southeastern Massachusetts -- has been set aside for "a federally recognized tribe."

K.G. Urban Enterprises claims the provision is illegal because it is "race-based." The developer asked the judge for an injunction to prevent the state from negotiating a Class III gaming compact with the Mashpee Wampanoag Tribe.

The state countered that the provision is based on a "political" classification of tribes. Assistant Attorney General Kenneth Salinger also said KG's challenge isn't ripe because Region C could potentially be opened to non-Indian developers if the tribe fails to negotiate a compact and secure land for a casino.

Judge Nathaniel M. Gorton, of the federal court in Boston, is hearing the case.

Get the Story:
Federal judge hears would-be casino developer's legal challenge (The New Bedford Standard Times 2/1)
Casino developer seeks an injunction (The Boston Globe 2/1)

Related Stories:
Mashpee Wampanoag Tribe still reviewing sites for casino (1/31)
Magazine: Mashpee Wampanoag Tribe faces casino deadline (1/27)