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Law suit: stand-alone casinos violate the Constitution
By Caryn Hunt Wednesday, 11/01/06 (1162421985211)
A law suit filed with the state Supreme Court today seeks to declare the Gaming Act unconstitutional as it applies to the stand-alone casinos. The plaintiffs, a mixture of affected residents and groups representing them, contend that the Pennsylvania legislature has not issued guidelines for determining the social impacts of casinos on nearby neighborhoods, and that leaving those judgments to the discretion of the unelected Pennsylvania Gaming Control Board (PGCB) is unconstitutional.

The citizen groups bringing suit are Casino Free Philadelphia, Neighbors Allied for the Best Riverfront, the Multi-Community Alliance, and Northern Liberties Neighbors Association. Attorneys Irv Ackelsberg and John J. Grogan of the firm Langer and Grogan are representing the plaintiffs pro bono.

Ackelsberg stated that “The law mandates that the social impact of gambling on the community be considered continuously throughout the licensing process, and yet the decision of where casinos are sited has been left to the discretion of the PGCB.

“The core problem that this suit deals with is that this decision about where the casinos go is going to be made by unelected appointees”, said Ackelsberg. “They’re essentially going to be making public policy for this Commonwealth. According to the Pennsylvania Constitution “The only ones that can make that kind of public policy concerning the social effect of gambling are the elected representatives in the General Assembly.”

Anne Dicker of Neighbors Allied for the Best Riverfront (NABR) spoke of the havoc casinos on the Delaware River will bring to neighborhoods.

“I was flabbergasted when I found that they were going to put casinos and potentially two casinos on the riverfront, causing traffic mayhem and bringing a lot of crime into what I see as an amazing growth neighborhood,” said Dicker.

“I looked at the law and asked, how could this happen? Where are the standards? And we found that there were simply no standards.”

Chris Brennan, a reporter for the Philadelphia Daily News, asked why the lawsuit was being filed now, just weeks before the PGCB is scheduled to make its licensing decision. Reverend Jesse Brown of Casino Free Philadelphia replied “We are community based organizations. We don’t have PR people to run to, we don’t have attorneys. “

“What we first attempted to do was digest what was coming into our neighborhoods, and then we attempted to participate where we were told we could participate in the process. We found out that the process was ill conceived in the first place, and in fact gave us no relief that our voices were being heard or that our actions would somehow be measured in the process.”

Matt Ruben, a board member of Northern Liberties Neighbors Association, said “A big part of the reason why it’s taken us a lot of time is because we have responsibilities to real people, to the taxpayers, business owners, and residents who live within our borders to do their will and to gather information on their behalf.”

Ralph Wynder, chairman of the Multi-Community Alliance, pointed out that up until now many groups throughout the city have been working separately, “We’re here to show unity in this suit, to show that we are not representing one area, but all areas.”

“In many cases, the State and the gaming developers have become partners. We’re here to show that we’re not going to leave one stone unturned to stop this devastation from coming to the citizens of Philadelphia.”

Because the PGCB plans to issue casino licenses on December 20th, the attorneys representing the plaintiffs have asked for expedited consideration. The State has 14 days to file any challenges to the application. A legal defense fund has been established to fund the lawsuit. Persons wishing to donate should make their checks out to "Casino-Free Philadelphia": 3536 N. 16th Street, Philadelphia, 19140.

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