Judge agrees to hear challenge to racino

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BANGOR — A Superior Court judge agreed to take up legal issues related to the Maine Harness Racing Commission's 4-0 vote to issue a conditional license to Penn National Gaming Inc. to operate Bangor Historic Track.

Justice Andrew Mead will hear a legal challenge made by two Indian tribes and Casinos No!, which unsuccessfully sought to intervene in commission proceedings leading up to the vote.

Among issues to be addressed at the hearing March 31 will be whether the commission abused its discretion in denying the petitioners' requests to intervene and, if so, what relief should be granted.

Obtaining a racing license is a critical step in Penn National's plan to combine harness racing with slot machines at the city-owned Bass Park.

Horsemen and others in the distressed harness racing industry applauded the decision to grant Penn National a conditional license despite a recommendation by the commission's legal staff that a state-mandated suitability investigation should be conducted.

But the decision quickly drew legal challenges from Casinos No!, which opposes gambling, and the Penobscot Nation and the Passamaquoddy Tribe, which want to operate the Bangor racino.

The Christian Civic League of Maine also sought legal standing but isn't among the groups pursuing the matter in court. More recently, three new petitioners came forward with an opposing agenda.

The original racino developer, Shawn Scott, and his company Capital Seven LLC, the Maine Harness Horsemen's Association and the parent company of Scarborough Downs all are seeking legal standing in the civil actions that Casinos No! and the two tribes have brought against the racing panel.

Mead, who is presiding over the matter, denied a motion on Feb. 20 to stay the license. He agreed to "fast-track" appeals of the commission's licensing decision.

On Friday, he granted legal standing to all of the parties who sought it in the civil action that Casinos No! and the tribes brought against the commission.

If Penn National meets the state's suitability requirements, which require race operators to be financially responsible and of good moral character, it eventually will receive a regular license.

The harness racing commission is slated to meet in Bangor today to draft its decision in regard to its licensing and race date actions on Feb. 17.

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