Repeal of Las Vegas Nights law likely to be challenged

Kathryn Masterson

Wednesday, Jan. 8, 2003 | 9:40 a.m.

HARTFORD, Conn. -- Indian tribes and their supporters are challenging an attempt by the state to stop more casinos from opening in Connecticut, a move they say is unfair and discriminatory.

Lawmakers on Monday repealed the state's Las Vegas Nights law, which permits churches and civic groups to raise money from casino-type gambling. Gov. John G. Rowland signed the repeal into law Tuesday.

The law was used by the Mashantucket Pequot and Mohegan tribes to open the state's two casinos, and supporters of the repeal say eliminating the law could block attempts to build a third gambling complex in Connecticut.

Two Connecticut tribes that are seeking federal recognition say the action is targeted at them, since repealing the law does nothing to stop the expansion of the state's two existing casinos.

"They used particular legislation against a particular group of people to deny them equal rights under the law," said Chief Quiet Hawk, head of the Golden Hill Paugussetts of Trumbull.

Chief Richard Velky, head of the Kent-based Schaghticoke Tribal Nation, said the repeal was unfair and discriminatory.

"Without a doubt, it was aimed at a particular group," he said.

The Schaghticokes are seeking federal recognition, which allows tribes in Connecticut to negotiate gaming compacts with state government. The tribe was denied recognition last month in a preliminary decision.

The Golden Hill Paugussetts are expected to learn later this month whether they will receive preliminary recognition from the federal Bureau of Indian Affairs. The tribe is hoping to open a casino in Bridgeport.

A spokesman for the Paugussetts said Tuesday that the tribe will "fight to the death" for its rights.

The state chapter of the National Association for the Advancement of Colored People said it is preparing to take legal action on behalf of the Paugussetts if they receive federal recognition and are denied gaming rights by the state. The NAACP considers the Paugussetts to be a black tribe.

If the state does not negotiate with the tribe, the NAACP will ask the federal government to intervene, said James Griffin, chapter president. The NAACP would probably initiate civil rights lawsuits for the tribe as well, he said.

Rowland acknowledged on Monday that the repeal would likely be challenged in court.

"I'm not a lawyer, but I think it's going to be very difficult for the (federal) Supreme Court to say two tribes can have gaming but no one else can," Rowland said. "I liken it to the Supreme Court saying McDonald's can have a franchise here but Burger King can't ... I just don't see the Supreme Court ruling in our favor, but the attorney general has asked us to pass this legislation. He thinks he can defend it. Good luck to him."

State Attorney General Richard Blumenthal said gambling is not a fundamental right owed to individuals, and he said the state does not permit gaming. Rather, gambling was imposed on the state.

Lawmakers should not be concerned that the repeal will be challenged, he said.

"Legislators shouldn't be deterred from approving a law that is fully constitutional and serves an important public policy simply because there will be some challenges," Blumenthal said.