By Joyce Kryszak
Buffalo, NY – Some of Buffalo's heaviest hitters filed a lawsuit in Buffalo's federal court Tuesday morning, seeking an injunction to stop a casino from coming to the City.
The lawsuit claims that United States Secretary of the Interior Gale Norton and other officials side-stepped or ignored procedures to allow a casino in Buffalo.
Specifically, the lawsuit claims Norton granted an improper exception to the Indian Gaming Regulatory Act, or IGRA.
Attorney Richard Lippes is one of several lawyers bringing the lawsuit. He said this was not a small oversight.
"Congress was very concerned about the proliferation of gambling casinos off reservation lands, which is what we have here, and very narrowly drafted these exceptions," said Lippes. "While we can't predict what a court would do, clearly we are raising serious issues that I think the court will have to give great consideration to."
The lawsuit also claims officials failed to order proper environmental and preservation impact studies.
The legal action is funded in part by the Wendt Foundation, which has taken an activist role in other regional issues, such as the Inner Harbor and the Peace Bridge design.
Diane Bennett is a trustee and business leader. She said a proper study would find the casino "a recipe for disaster."
"Even before you look at the social costs here, which are very real economic costs, the bottom line for casinos is they flow in red ink," said Bennett. "What legitimate business is going its employees within a free metro ride of being able to spend their paychecks and impair their productivity, which is what casinos have been proven to do."
The Citizens Against Casino Gambling in Erie County leads the complaint. It is joined by the Campaign for Greater Buffalo, the Preservation Coalition, the Network of Religious Communities, State Assemblyman Sam Hoyt, and several waterfront property owners.
Dominic Carbone, who joined the lawsuit, has owned a pizza business for 27-years near the proposed casino site. Carbone believes there is power in numbers.
"What could I do? I'm a small business owner. They came along and I was glad tI could get somebody to go with me on this," said Carbone.
Court papers were being served on defendants, including Secretary Norton, beginning Tuesday. No court date has yet been set.