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Saturday, April 3, 2004
Tribes lose bid for say on racing license
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Casinos No! and two Maine Indian tribes were on the losing end of a Superior Court decision Friday, meaning they won't be given a say in Bangor Historic Track's request for a racing license. However, Casinos No! said its case before Penobscot County Superior Court is still alive because the court has yet to rule on the company's ability to operate slot machines at Bangor's Bass Park. Justice Andrew Mead did resolve two issues: He upheld the Maine Harness Racing Commission's determination that the Passamaquoddy Tribe and Penobscot Nation, as well as the anti-slots group, waited too long to request intervenor status. And he rejected a request from both parties to overturn the commission's decision awarding Bangor Historic Track a conditional racing license. The decision means harness racing can begin in Bangor on May 21 as originally scheduled. Bernard Kubetz, an attorney with Eaton Peabody Bradford & Veague, said the ruling was good news for the racing commission and industry. "It's also consistent with what the public has said it wants. The public approved racinos, and the city of Bangor approved slot machines at Bass Park," Kubetz said. Penobscot Chief Barry Dana called the decisions "a kick in the face" and said his tribe was disappointed. "There's a whole tribe of people I'm trying to protect and bring up to a standard of living that people on the other side have enjoyed for any amount of time," he said. "It's tough being an Indian in this state." Mead did not rule on a request by Casinos No! to determine whether Bangor Historic Track's conditional racing license triggers the automatic award of a slot machine operator's license, said Jamie Kilbreth, an attorney for Casinos No! A state law approved in November 2003 legalized the use of slot machines at commercial racetracks. If a track operator was awarded a racing license before the law's implementation in February, the company is automatically entitled to operate slot machines, Kilbreth said. But Bangor Historic Track's license is conditional, and Casinos No! does not want it to begin operating slots before the company passes a state-mandated background check. "We want a ruling that the conditional license doesn't count for a slot license," Kilbreth said. The racing commission is required by state law to find the company financially and morally suitable for conducting races before awarding a racing license. A suitability investigation is under way for the company's new owner, Penn National Gaming of Pennsylvania. Penn National operates racetracks, off-track betting facilities and racinos - combination slot machine parlors and racetracks - in seven states and Canada. The commission granted the racing license in February, before the new slot machine law took effect, with the condition that Penn National pass the background check and upgrade the track's grandstand by April 15. The tribes and Casinos No! were concerned that Penn National would try to install slot machines before the state found it suitable. Penn National has said it intends to go through the full regulatory process. The Penobscot Nation operates high-stakes bingo on its reservation near Bangor. Both tribes want a chance to compete for the Bass Park raceway's lease, which would allow them to conduct racing and operate the slot machines.
Staff Writer Grace Murphy can be contacted at 791-6383 or at:
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