Court backs Carcieri in rejecting casino

August 14, 2004|Associated Press

PROVIDENCE -- Governor Don Carcieri's fight to prevent construction of a casino in West Warwick ended in his favor yesterday, when a Superior Court judge blocked the issue from going to voters and the casino's proponents abandoned their efforts to pursue the matter.

Carcieri, who has called the $600 million casino project a threat to the quality of life in the state, sought the court ruling to prevent what he called an unconstitutional casino referendum question from appearing on the November ballot. Attorney General Patrick Lynch joined the effort.

Judge Daniel Procaccini, citing a Supreme Court advisory opinion issued a day earlier, said that allowing the vote to go forward would cause "substantial harm" and undermine the public's confidence in the judicial system.

"This court cannot ignore the Supreme Court's advisory opinion," Procaccini said. It was "clear, thorough, and well supported," he said.

The high court's opinion, which carried no legal weight, said that the ballot question and its associated legislation violated state law. The referendum would have asked voters whether Harrah's Entertainment, in association with the Narragansett Indian Tribe, could build a casino in West Warwick.

According to the Rhode Island Constitution, any type of gambling expansion must be approved by voters. The constitution also says that any new gambling facility must be state-operated.

The justices said that one reason they declared the legislation unconstitutional was because it authorized a privately operated casino.

Secretary of State Matt Brown, whose office handles the ballots, said he would abide by Procaccini's order. Las Vegas-based Harrah's and the tribe said they wouldn't challenge it.

"Harrah's sees no purpose in pursuing . . . what is essentially futile litigation," said lawyer Lauren Jones.

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