Judge upholds tribal provision in Massachusetts casino law


Artist's rendering of proposed First Light Resort and Casino. Image from Mashpee Wampanoag Tribe

A federal judge dismissed a lawsuit that challenged a tribal provision in the Massachusetts gaming law.

H.3702, the Massachusetts Expanded Gaming Act, reserves a casino in the southeastern part of the state for a "federally recognized tribe." K.G. Urban Enterprises claimed the provision violates the U.S. Constitution because it is "race based."

Judge Nathaniel Gorton rejected the argument and said there was "no express racial preference" in the law or in the actions of the Massachusetts Gaming Commission. The company, however, plans to take the case to the 1st Circuit Court of Appeals.

The Mashpee Wampanoag Tribe is pursuing the casino in southeastern Massachusetts.

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