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Wisconsin Court Delivers Blow to Gaming Compact

WISCONSIN – As reported by the Milwaukee Journal Sentinel: "The state Supreme Court dealt a deep blow to tribal casino gambling in Wisconsin Thursday, ruling that Gov. Jim Doyle overstepped his authority in negotiating an expansive gaming compact with the Forest County Potawatomi tribe.

"The court's 4-3 ruling says that Doyle's gambling deals improperly cut the Legislature out of the decision, overstepped state constitutional bounds by allowing craps, roulette and other Las Vegas games and that Doyle had no authority to give up the state's sovereign immunity as part of the deals.

"…Doyle said he expects there will be an appeal to federal court.

"…While the case decided Thursday focuses only on the Potawatomi gambling deal with the state, the ruling is expected to affect similar gambling agreements with Wisconsin's other 10 tribes.

"The immediate practical impact is that the Potawatomi tribe's casinos in Milwaukee and Forest County will operate under terms of the prior gambling deal with the state. That would mean a limit of 1,000 slot machines in Milwaukee and blackjack as the only table game.

"…The ruling also opens the door for the tribe and the governor to renegotiate a new gambling compact without new games and a set time frame. State lawmakers and Doyle must now look for a way to make up the $207 million in casino payments that had been due to the state in the current 2004-'05 budget period.

"…The ruling said although a 1992 state law gave the governor sole authority to negotiate casino deals with tribes, the 2003 compacts were so sweeping they deprived the Legislature of its role in shaping the state budget…"

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