Litigation

Narragansett Tribe loses decision in non-Indian gaming dispute

Thursday, March 5, 2015

The Twin River Casino, a non-Indian facility in Rhode Island. Photo from Facebook

A law that authorized an expansion of non-Indian gaming is constitutional, the Rhode Island Supreme Court ruled on Wednesday.

The Narragansett Tribe argued that the Casino Act is unconstitutionally vague because it allows Twin River Casino, a non-Indian company, to offer table games. The tribe said the law conflicts with the Rhode Island Constitution, which requires all gaming to be "operated by the state."

The court, however, disagreed. The unanimous decision said the state still retains authority over the gaming activities at issue.

"The Casino Act directly references article 6, section 15 of the Rhode Island Constitution and explicitly provides that, pursuant to that clause, the state 'shall have full operational control' and have the 'authority to make all decisions about all aspects of the functioning of the business enterprise,'" the court stated.

Despite the loss on the constitutionality issue, the tribe will still be able to challenge how the law is being applied at Twin River. The facility is proposing to buy Newport Grand, another non-Indian gaming hall.

The tribe has been pursuing gaming for decades but has been dealt repeated setbacks. At one point, a federal court said the tribe could use its reservation for a casino but the state's Congressional delegation drafted a provision that bars the tribe from following the Indian Gaming Regulatory Act.

The tribe then sought approval from state voters to open a casino. Those efforts have repeatedly failed even as non-Indian facilities, such as Twin River, have won approval to offer more forms of gaming.

Get the Story:
R.I. Supreme Court rules against Narragansett tribe, upholds state's table-games law (The Providence Journal 3/5)
RI Supreme Court Dismisses Narragansett Tribe Challenge To RI Casino Law (Rhode Island Public Radio 3/4)
Twin River proposes to buy Newport Grand (The Providence Journal 3/5)

Rhode Island Supreme Court Decision:
Narragansett Tribe v. Rhode Island (March 4, 2015)

Earlier Rhode Island Supreme Court Decision:
Narragansett Tribe v. Rhode Island (January 10, 2014)