Articles Posted in Gaming Law

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The Narragansett Indian Tribe (Tribe) filed a complaint against the State seeking a declaration that the Casino Act must be invalidated because it is unconstitutionally vague or because it otherwise violates the non-delegation doctrine enunciated in R.I. Const. art. VI, 1 and 2. UTGR, Inc. subsequently intervened as a defendant. The superior court found in favor of Defendants, concluding that the Casino Act was not facially unconstitutional. The Supreme Court affirmed, holding that, based on the strong presumption of constitutionality and the heavy burden of mounting a facial challenge, it could not be said that the Casino Act is facially unconstitutional. View "Narragansett Indian Tribe v. State" on Justia Law

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At issue in this case was the Casino Acts, two pieces of legislation providing for the establishment of state-authorized table games at gambling facilities at which Plaintiff, the Narragansett Indian Tribe, received a percentage of income from authorized video lottery terminal (VLT) machines. Plaintiff filed a complaint seeking a declaration that that the Casino Acts were unconstitutional. The superior court concluded that Plaintiff had standing but that Plaintiff failed to meet its burden of proving that the Casino Acts violated the Constitution. Plaintiff appealed, and the State cross-appealed as to the issue of standing. The Supreme Court declined to consolidate the two appeals, and therefore, only the State’s appeal on the issue of standing was before the Court. The Court then affirmed the judgment of the superior court finding that the Tribe was entitled to bring its claims challenging the Casino Act, holding that the reasonable likelihood that the Tribe would suffer a reduction in income from the removal of VLT machines due to the establishment of the table games was sufficient to support a finding that the Tribe had suffered an injury in fact. View "Narragansett Indian Tribe v. State" on Justia Law