Coalition Against Gambling in New York.
Legal actions regarding Gambling in New York
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CAGNY joins with NCAGE and other civic, environmental and historic preservation groups to challenge the casinos in Niagara Falls and Buffalo Click here for more information on this lawsuit!
Warren v. United States (United States District Court, Western District of New York)
Daniel T. Warren has commenced a lawsuit to challenge Part B of Chapter 383 of the Laws of 2001 and the tribal-state gaming compact between the Seneca Nation and the State of New York.
The basis of the constitutional challenge against the IGRA is that as interpreted and applied by the New York Court of Appeals decision in Dalton v. Pataki it violates the Tenth Amendment to the United States Constitution which prohibits the commandeering of state officers to carry out federal policy.
The relief sought is declaratory and injunctive in nature and includes declaring the challenged provisions of law including the tribal-state compact between the Seneca Nation of Indians and the State of New York which the Seneca Niagara Casino and Seneca Allegany Casino unconstitutional, illegal, and void.
Click here to see the pleadings and motion papers in this action.
Dalton v. Pataki
The New York Court of Appeals will heard this case on March 21, 2005. This action challenged the constitutionality of Parts B, C, and D of Chapter 383 of the Laws of 2001. Part B authorized Class III gaming on Indian Land in New York, Part C authorized the video lottery terminals at various racetracks, and Part D authorized participation in the Mega Millions multi state lottery.
The trial court upheld the constitutionality of all three parts. The trial court's decision can be viewed by Clicking here. The Appellate Division, Third Department affirmed the trial court's decision on Parts B & D and reversed on Part C and declared it unconstitutional. The appellate court's decision can be viewed by Clicking here. Both parties have appealed to the State's highest court.
The Plaintiffs' Brief on Appeal can be viewed by Clicking here.
The Defendants' Brief on Appeal can be viewed by Clicking here.
The Defendant-Intevenor Park Place's Brief on Appeal can be viewed by Clicking here.
The Brief of Amicus Curiae Daniel T. Warren can be viewed by Clicking Here.
The Plaintiffs' Reply Brief on Appeal can be viewed by Clicking here.
Warren v. Pataki, Hoblock and Bennett (New York Supreme Court, Erie County)
Daniel T. Warren has commenced a lawsuit to challenge Part B of Chapter 383 of the Laws of 2001 and the tribal-state gaming compact between the Seneca Nation and the State of New York.
The basis of the challenge is that the State Legislature exceeded its power as limited by Article III Section 17 of the New York State Constitution which provides "No private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in the title."; the State Legislature exceeded its power as limited by Article III § 20 of the New York Constitution which prohibits the legislature from passing any private or local bill "Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever."; in that it requires the state to lend its money or credit in violation of Article VII section 8 of the New York Constitution; the State Legislature exceeded its power by ratifying it through a special law in violation of the Home Rule provisions of Article IX of the New York State Constitution and the laws of the State of New York; the State will receive money from gambling activities in violation of various provisions of New York Penal Law Article 225 and 18 USC § 1166 and is otherwise against the public policy of the State of New York as expressed in various constitutional provisions and laws of this State which include, but is not limited to, The Donnelly Act (General Business Law § 340) and The Organized Crime Control Act (Article 460 of the New York Penal Law); and is in direct conflict with 12. Article 1 § 9 of the New York State Constitution which provides that no "gambling, except lotteries operated by the state and * * * pari-mutuel betting on horse races * * * shall hereafter be authorized or allowed within this state".
The relief sought is declaratory and injunctive in nature and includes declaring the challenged provisions of law including the tribal-state compact between the Seneca Nation of Indians and the State of New York which the Seneca Niagara Casino and Seneca Allegany Casino unconstitutional, illegal, and void.
Click here to see the pleadings and motion papers in this action.
Legal Information on Gambling
Bibliography compiled by Professor John Warren Kindt of gambling related law rveiw articles. Click here to view it in PDF format!
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