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| 11/19/03 CASINO OPPONENTS GAIN
ENCOURAGEMENT
Legal action
mirrors suit filed by Oregon group
FOR IMMEDIATE RELEASE NOVEMBER 19, 2003 Florence, OR – People Against a Casino Town (PACT) announced this morning that they are very encouraged by the recent United States Supreme Court decision to decline review of a state court ruling invalidating a casino compact between New York state and an Indian tribe. By declining to review the case, the Supreme Court’s action essentially upholds the New York state court decision that the governor acted improperly by bypassing the state legislature and granting permission for the development of an Indian casino in that state. PACT legal counsel Alexis Johnson responded to the recent ruling with complete agreement. "The ruling in the New York matter is no surprise, when one thinks about what it is about. That ruling simply preserves an essential feature of federalism that the Supreme Court of the United States is not likely to disrupt: state supreme courts decide state constitutional questions, including the powers of state governors to enter compacts,” Johnson explained. In September, PACT filed a suit based on similar grounds with the Oregon Supreme Court. The grass-roots organization claims former Governor John Kitzhaber improperly disregarded the state’s Constitutional prohibition of casinos when he entered into a compact with local tribes permitting a casino near the small coastal town of Florence. According to PACT spokesperson Arnold Buchman, "The U. S Supreme Court's refusal reaffirms the duty of a state court to enforce relevant state constitutional provisions when considering questions involving Indian casinos. Because of the obvious parallels to PACT's petition before the Oregon Supreme Court, we can only be encouraged by the U.S. Supreme Court's decision in the New York case." For more information regarding PACT’s law suit, please visit the group’s web page at: http://www.teloflex.com/pact/news-Lawsuit.html. -- The New York case cited is Pataki v. Saratoga County Chamber of Commerce, Supreme Court Case No. 03-392 -- Link to: PACT Lawsuit -- Press may use all photos located on PACT web page at: PactOregon.org PACT Legal Counsel: |
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