PROVIDENCE – A bill that would allow the Narragansett Indians to open a casino in West Warwick does not pass constitutional muster, the state Supreme Court said in an advisory opinion on Monday, responding to a request by legislators who crafted the bill.
In a 30-page opinion, the court said the measure fails to satisfy a requirement in the state constitution that requires any lottery or gambling in Rhode Island to be state-run, because the state Lottery Division wouldn’t control the types of games played, the extension of credit to gamblers, and other factors. Without that authority, the justices wrote, “the state simply cannot in good faith be said to be operating the casino.”
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This is the second time that the Supreme Court has ruled that legislation to permit a casino plan by Harrah’s Entertainment and the Narragansett Indians is unconstitutional.
Governor Donald L. Carcieri, who strongly opposes the Harrah’s plan, praised the ruling, saying the court “has acted to protect the rights of the citizens of Rhode Island.”
“In both advisory opinions, the Supreme Court has made it clear that our constitution requires that the state – not an out-of-state gambling company – must operate any casino in Rhode Island,” the governor said. “Instead of respecting this constitutional requirement, Harrah’s has continued to try to subvert our fundamental laws for their own gain…. I’m pleased that the Supreme Court has again seen through Harrah’s unconstitutional scheme.”
The full text of the decision is posted here (PDF file).
