Thursday, October 31, 2002 Bangor Daily News
Casino
foes file suit to stop initiative process
PORTLAND
- Casino opponents filed a lawsuit Wednesday seeking to halt an initiative by
casino supporters to force a statewide referendum on whether to allow casino
gambling in Maine.
The lawsuit, filed in York County Superior Court, claims the referendum question
as approved by the secretary of state is misleading and does not adequately
describe the legislation that would allow a casino.
The suit says the question attempts to "spin" the subject by
suggesting there would be a benefit to the state in the form of education
funding and municipal revenue sharing when there is no guarantee that would
happen or in what amount.
The plaintiffs are asking that the question be declared void, and that casino
supporters be prohibited from gathering signatures for the referendum drive
until there can be public hearings and more review of the proposal.
"Generally we feel the question is misleading, it has a lot of spin in it
and it doesn't have enough information so people can make an informed
vote," said Dennis Bailey, spokesman for the Casinos No anti-casino
organization.
Erin Lehane, spokeswoman for Think About It pro-casino group, said lawyers for
the Indian tribes that want to build a casino will file a court motion Thursday
asking that the suit be dismissed.
"This is a Halloween stunt, an attempt by the opposition to scare and
confuse the voters," she said.
The Passamaquoddy Tribe and the Penobscot Nation have proposed building a $500
million casino and resort in southern Maine. Casino gambling is now illegal in
Maine.
The proposal has spurred a bitter debate between casino supporters and
opponents, and the four candidates for governor say they are opposed to it.
But if casino supporters can gather an estimated 50,000 signatures by
mid-February, the question would go before voters in November 2003 without the
approval of the Legislature or the governor.
The referendum question, as approved by the secretary of state, reads: "Do
you want to allow a casino to be run by the Passamaquoddy Tribe and Penobscot
Nation if part of the revenue is used for state education and municipal revenue
sharing?"
The plaintiffs in suit are Casinos No and the group's co-chairpersons, James
Bartlett and Mary Black Andrews, both of York.
The defendants are Secretary of State Dan Gwadosky, the Passamaquoddy and
Penobscot tribes, and Think About It.
Bailey said the secretary of state approved the referendum question without a
review by a citizens' advisory board, which he said is usually the case.
Furthermore, he said, the question does not indicate the proposed legislation is
an amendment of the Indian Land Claims Settlement Act, which he said cannot be
modified without consent of the tribes and the U.S. Congress.
He said the suit is asking for time so the proposed referendum question and
legislation can be properly reviewed.
"What's the rush?" he said. "We feel the question needs to be
accurate, concise and not mislead people."
Robert Newall, governor of the Indian Township Passamaquoddy Reservations, said
Indians have been deprived of their rights for hundreds of years.
"This is just another malicious example of that unfortunate
tradition," he said.
Lehane said casino supporters began gathering signatures this week by going
door-to-door in Biddeford and Sanford, and collecting them on the streets of
Portland.
While residents in eight York County communities have voted overwhelmingly
against having a casino in their town or in the state, city leaders in Sanford
and Biddeford have expressed support for a casino.
Residents in those cities, along with other York County towns, will vote on the
matter Nov. 5.