Casino news from http://www.chron.com/
Rhode Islanders can vote in November on a constitutional amendment allowing the Narragansett Indian Tribe and Harrah's Entertainment to operate a casino, a federal judge ruled Tuesday.
U.S. District Court Judge William Smith decided to let the vote go forward on the proposed West Warwick casino over the objections of a rival casino developer.
Ajax Gaming Ventures LLC and Johnston town officials filed a lawsuit last month calling the amendment unconstitutional because they say it awards lucrative gaming rights on the basis of race.
"They could appeal this I would suppose, but, other than that, it seems to me it's now forward to the election," said Lauren Jones, an attorney for Harrah's.
But the decision seemed a mixed victory for Harrah's and the Narragansetts.
In a nine-page ruling, Smith said that the casino amendment raises "serious" constitutional questions and even added that Ajax and Johnston could likely win the case.
But Ajax failed to prove it would suffer irreparable harm if the election weren't halted, a legal requirement for getting an injunction, Smith said. Federal courts can halt a state election, but it's an extreme measure.
"While this Court clearly has the power, prudence requires enormous discretion in its exercise," Smith wrote.
Although Ajax and Johnston didn't stop the vote, they were heartened by the judge's decision, said attorney Preston Halperin. His clients don't plan to appeal the decision, he said.
Smith's ruling eliminates one of the last legal hurdles before the vote, but it doesn't stop the lawsuit. Halperin said the case could be argued and decided before the vote. But Smith had previously suggested he can't rule on an amendment that hasn't yet become law.
Rhode Island's constitution mandates that state authorities control all lotteries, and the state Supreme Court has said that includes casinos. The state's top judges struck down two prior casino bills in 2004 and 2005 because the legislation didn't give the state enough control over casino operations.
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