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Pataki Can't Appeal Anti-Gambling Ruling

SARATOGA SPRINGS, New York – As reported by the Saratogian: "The U.S. Supreme Court announced Monday that it will not let Gov. George Pataki appeal a ruling from New York state's highest court that favored anti-gambling activists, including Saratoga County Chamber of Commerce President Joseph Dalton.

"…This summer, the state Court of Appeals ruled that no New York governor can enter into an agreement with an American Indian tribe to allow a gambling casino unless the state Legislature approves.

"The Legislature has never approved agreements allowing tribes to open casinos.

"The state argued that the state court had no jurisdiction in the case because American Indian tribes like the Akwesasne Mohawks, who live on the Canadian border, consider themselves independent nations and therefore not subject to state authority.

"…[Dalton's lawyer, Cornelius J. Murray] said the tribe itself was never a party to the lawsuit and that the case was always about the prohibitions against commercial gambling found in the state Constitution.

"…That part of this lawsuit bears on a second lawsuit also filed by Dalton, this time joined by the Rev. Jay Ekman and the Presbyterian-New England Congregational Church in Saratoga Springs where he is pastor.

"This second lawsuit challenged the constitutionality of slot-like video lottery terminals at race tracks including Saratoga Raceway and the legality of all American Indian casinos regardless of whether or not the Legislature approves…"

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