From Joel Rose, Co-Chairperson of CACGEC

11/18/03


On the legal front, we have this note I received a few minutes ago from
Stan Bratton.  Note that the second case, the one referred to in the 
last paragraph, is the suit which seeks to have the Seneca Gaming 
Compact set aside, thereby preventing the establishment of a gambling 
casino in Erie County (among other things).

This would be a great time to send a donation to the CACGEC legal fund.

Joel Rose, co-Chairperson
Citizens Against Casino Gambling in Erie County
http://NoCasinoErie.org

Here's Stan's note:

-------- Original Message --------

To:	Joel Rose
Fr:	Stan Bratton
Re:	US Supreme Court Refuses to Hear Governor Pataki's Appeal in
         Indian Casino Gambling Lawsuit

Monday November 17, 2003

The US Supreme Court today denied Governor Pataki's petition for
certiorari in which the Governor had asked the Court to review the
decision last June by the New York State's Highest court, the Court of
Appeals.  In that decision, the Court of Appeals held that the Governor
had violated New York constitutional separation of powers when he
negotiated a compact with the St. Regis Mohawk Indian Tribe, allowing
the Tribe to operate a gambling casino without legislative
authorization.  The Governor had asked the Supreme Court to review the
case on the grounds that the State court had no jurisdiction because
the tribe was a sovereign entity immune from suits in state court.

The Supreme Court's action is important not only because it vindicates
a fundamental Constitutional precept-the separation of of powers-but
because it also lays to rest the issue of whether state courts can even
hear these types of cases.

This denial by the Supreme Court paves the way for a second lawsuit,
now pending in the Appellate Division, Third Department of the State
Supreme Court, which will answer the question of whether Indian casino
gaming is constitutional, even if the Governor receives legislative
authorization.  That case is scheduled for oral argument on December
16, 2003.