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Court Rules New York's Indian Gambling Casino Compacts Illegal

``State officials said they would appeal the ruling and seek an automatic stay of the decision, a move that could keep the doors open at least for the time being on the Oneida's Turning Stone casino west of Utica and a Mohawk-owned casino near the Canadian border north of Albany.

``…`The Oneida Nation's gaming compact with New York state remains valid and the 3,000 jobs it has helped make possible are secure,' said the owners of the Turning Stone Casino Resort in a prepared statement. `We expect to continue on a course to add to more jobs and expand.'

``…In his ruling, state Supreme Court Justice Joseph Teresi said compacts negotiated by former Gov. Mario Cuomo and by Gov. George Pataki were unenforceable because they lacked the state Legislature's approval. That has long been a criticism of the pacts by lawmakers and others opposed to the casinos.

``Teresi's ruling prohibits the state from negotiating more compacts, without legislative approval, or from using state funds to expand existing Indian compacts.

``… 'New York's governors in signing the Indian Gaming Compacts have crossed the line of executive power and entered into the domain of the legislature without proper mandate or authority within the New York State Constitution,' Teresi added.

``The suit was brought by the advocacy group New Yorkers for Constitutional Freedoms, the Coalition Against Casino Gambling, some state legislators in districts that could be affected by casinos, and the Saratoga County Chamber of Commerce where Saratoga Race Course is located.

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