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PROVIDENCE -- A federal judge will decide tomorrow whether a proposal to amend the state Constitution to allow a casino in West Warwick will appear on the November ballot.
U.S. District Court William E. Smith heard arguments this afternoon from several lawyers, including representatives of the two partners in the proposal, the Narragansett Indians and Harrah's Entertainment.
Attorneys for the town of Johnston and Ajax Gaming Ventures, which had ties to developer Donald Trump, alleged that Rhode Island lawmakers illegally gave Harrah’s a monopoly.
Smith suggested there would be no problem with the question if the tribe, as a political entity, would benefit from a casino.
How, if tribal members would benefit solely by their ethnic or racial background, not as a sovereign nation, then the question would probably be unconstitutional under the equal protection clause.
If the tribe is able to use the casino money for governmental purposes, such as paving roads, then Smith suggested there would be no problem. However, if lawmakers approved a casino for the tribe solely because of race, Smith suggested it would violate the Equal Protection Clause of the Fourteenth Amendment.
Rhode Island's constitution now requires that state authorities operate all lotteries, including casinos, a clause that twice before proved an obstacle for the Narragansetts.
Smith said he would issue his ruling by the close of business tomorrow, the day before the Secretary of State Office's deadline for printing the November ballot.
But Smith indicated he wanted more information about the deal set up between Harrah's and the tribe, leaving open the possibility of a longer trial.
"Where is the money going? I don't think that's something the record reflects," he said.
After the hearing, Narragansett Chief Sachem Matthew Thomas said his tribe is "obviously" a political entity, which provides services such as a health clinic, police force and elderly center.
Asked how much money would go to the tribe and how much to its members, Thomas said, "No individual from our tribe is going to get a cash payment."
Meanwhile, Trump Entertainment Resorts disclosed today that it was no longer partnered with developer David N. Nunes, the man behind Ajax. An agreement between the two companies expired at the end of June and has not been renewed, a Trump spokesman said.
Time, however, does mean money from the state's point of review.
The secretary of state prepares ballots for each of the state's 39 cities and towns, as well as test ballots and a host of materials. In all, about 100 types of ballots will be printed.
The office also creates a voter information handbook describing each of the ballot questions presented to voters. Three-hundred-ninety-thousand books in English and 100,000 printed in English and Spanish are mailed so they reach all of the state's voting households by Oct. 1.
The ballots cost about $700,000 to print and the books, $110,000. Right now, the Secretary of State's office estimates that it would cost an extra $1 million if the state misses the Aug. 9 deadline.
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