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West Warwick lawsuit dismissed

21 November 2006

PROVIDENCE, Rhode Island – As reported by the Providence Journal: "A federal lawsuit challenging the constitutionality of the Nov. 7 ballot question for a West Warwick casino was dismissed yesterday in a procedural move that has little bearing because 63 percent of voters rejected the question earlier this month.

"In July, developer David H. Nunes and the Town of Johnston filed the lawsuit, claiming the casino question violated the equal protection clause of the 14th Amendment by granting the Narragansett Indian tribe and Harrah's Entertainment a monopoly and giving an unlawful racial or ethnic preference to the tribe.

"U.S. District Judge William E. Smith had refused to take the proposed amendment to the state's Constitution off the ballot, saying he would weigh the merits of the claim after the election if the question prevailed…"

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