By Mark Scott
Albany, NY – The state's highest court ruled Tuesday on three controversial gambling issues in New York.
The Court of Appeals upheld the state's compact with the Seneca Nation of Indians to run three casinos in Western New York. Two are already open in Niagara Falls and Salamanca and a third one is planned for the Buffalo area.
Joel Rose, co-chair of the group Citizens Against Casino Gambling in Erie County, is actively campaigning against the Buffalo casino. Despite what the court said, Rise said he thinks the Indian-run casinos are illegal.
"The clear meaning of the (State) Constitution is that the kinds of gambling we see in the Indian casinos is banned in New York State," Rose said. "There's nothing in the Federal Gaming Regulatory Act that gives the governor the power to ignore his own state constitution."
Rose says his organization supports a planned appeal of this decision to the US Supreme Court. The high court also upheld video lottery terminals at New York racetracks as well as the state's participation in the Mega Millions multi-state lottery. Rose says there's nothing more they can do in the courts to stop the VLT's and Mega Millions. So, he says gambling opponents will need to step up their efforts in the political arena.
"It's still bad public policy," Rose said. "We don't have to do it."
But State Senate Majority Leader Joseph Bruno described today's rulings as a "huge win for the legislative process." He said the court "got it right."
Representatives of the Seneca Nation of Indians did not return our calls for comment.