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Friday, February 20, 2004
Racing panel must seek own lawyers in racino disputes
Copyright © 2004 Blethen Maine Newspapers Inc. | ||
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AUGUSTA — The state Attorney General's office refused Thursday to represent the Maine Harness Racing Commission in two racino-related court cases, after the commission acted against the advice of state lawyers this week. The AG's decision is forcing the regulatory body to hire outside counsel. The Passamaquoddy and Penobscot Indian tribes, as well as the anti-gambling group Casinos No!, are asking a state court to review the commission's decision granting the owner of Bangor Historic Track a conditional racing license. They are also asking the Penobscot County Superior Court to reverse a commission decision that denied them legal standing in the licensing process. Racino developer Shawn Scott transferred his ownership of Bangor Historic Track stock to Penn National Gaming earlier this year when it appeared the racing commission would not find him suitable to conduct races at Bangor Raceway. Scott also sponsored the referendum campaign last year that legalized slot machines at the state's commercial tracks. The staff of the Attorney General's Office issued a memo Monday advising the racing commission to grant the tribes' petition to intervene in the proceedings. It also advised the commission to hold a public hearing prior to issuing either a conditional or full license. However, the commission Tuesday awarded Penn National a conditional license without scheduling a hearing, and denied the tribes intervenor status. It denied Casinos No! and the Christian Civic League legal standing in proceedings as advised in the memo. In a letter to commission Chairman George McHale, Attorney General Steven Rowe said "it would not be appropriate for this office to defend actions taken by the Commission that were contrary to our advice." Rowe also said the office wanted to retain its autonomy in case constitutional issues arise around the racino law adopted by voters.
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