PROVIDENCE -- A bill that would allow the Narragansett Indians to open a
casino on nontribal land does not pass constitutional muster, the state
Supreme Court said in an advisory opinion today, responding to a request
by legislators who crafted the bill.
In its opinion, the court said the measure fails to satisfy a provision
of the state constitution that requires any lotteries in Rhode Island to
be state-run.
Las Vegas-based Harrah's Entertainment and the Narragansett Indian Tribe
are seeking to build a casino in Rhode Island, off their tribal lands in
Charlestown. Lawyers presented oral arguments last month to a
three-justice panel of the state's highest court.
The high court's opinion today said the legislation would leave the
state Lottery Division without control over the proposed casino,
including the types of table games played there and the extension of
credit to gamblers.
Without direct authority over those parts of the operation, the justices
wrote, "the state simply cannot in good faith be said to be operating
the casino."
The justices note that the proposed legislation did give the state more
power -- including the ability to direct daily revenue, set the odds of
winning and determine the number of table games and video lottery
terminals -- than a bill introduced last year. But they said it was not
enough to comply with the state constitution.
"To summarize, we interpret the proposed Casino Act as granting to the
Lottery Division the power to make decisions concerning many, but not
all, operational aspects of the gaming enterprise," the opinion reads.
It's the second time in about a year that the court declared the casino
plan unconstitutional.
Proponents of the casino plan retooled their proposal and asked the
court again for an advisory opinion on the pending legislation, which
also called for putting the plan before voters for their approval.
The court said in its opinion that while the House of Representatives
"has taken great strides" in resolving some of the justices' objections,
there were still problems with the plans.
The tribe has tried for more than a decade to get approval to build a
casino.
A year ago last August, the high court derailed a Harrah's-Narragansett
casino proposal for West Warwick as it was headed to the state ballot
after clearing the General Assembly and surviving a gubernatorial veto.
Responding then to an advisory opinion request from Governor Carcieri,
the court said the casino legislation and referenda question ran afoul
of a requirement in the state Constitution
that all "lotteries" be state-operated.
To remove this legal barrier, the casino's legislative backers
introduced a new version of the bill this year.
It recast the proposed West Warwick casino as state-operated, to be run
by the Narragansetts and their chosen partner under a contract with the
state Lottery Commission.
Under the aegis of House Speaker William J. Murphy, of West Warwick, the
House voted to seek the court's opinion first this time, before voting.
Carcieri praised the court's opinion today, saying Harrah's had put
forward an "unconstitutional scheme."
"For two years in a row, the Rhode Island Supreme Court has ruled the
Harrah's casino legislation unconstitutional," the governor said in a
statement. "I have said all along that this is nothing but a Harrah's
casino. For the second time in a row, the Supreme Court has agreed with
me."
Sandra Lanni, a lawyer for the House of Representatives, did not
immediately return a call for comment today from The Associated Press,
nor did Chief Sachem Matthew Thomas of the Narragansetts.
-- With Journal archival reports
CORRECTION: An earlier version of this report incorrectly
indicated that casino proposal was for tribal land.
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