Coalition Against Gambling in New York.
Where We Stand
The Coalition Against Gambling in New York (CAGNY) is made up of various individuals and organizations, including those who have challenged the constitutionality of specific forms of legalized gambling; others who question the further expansion of gambling; and a few who are opposed to gambling in all its forms.
We have observed that the expansion of gambling in New York State that has taken place in recent years, as well as that which is in the offing, raises serious public policy questions that are not presently being addressed. Accordingly, it is the position of CAGNY that there should be put in place a moratorium on all new forms of gambling and on the expansion of existing forms, until the public policy questions associated with gambling are addressed. Any expansions contemplated in previous compacts, memoranda, and acts of the Legislature but not yet finalized or implemented should be included in such a moratorium. Specifically, we believe that the constitutional, legal, economic, and social issues associated with gambling must be addressed before any legislative or executive action is taken to expand gambling in New York State.
The bipartisan National Gambling Impact Study Commission recommended that states impose a moratorium on gambling "to encourage governments to do what, to date, few, if any, have done: to survey the results of their decisions and to determine if they have chosen wisely; to ask if their decisions are in accord with the public good …" We are proposing simply that New York State follow that recommendation, however belatedly.
The overall level of wagering in New York State has been growing substantially. Various sources have reported that the negative economic and social consequences of gambling are likewise increasing. The New York Council on Problem Gambling, for example, has reported that 7.3% of New Yorkers are lifetime problem gamblers or potential problem gamblers. Other reports, including academic studies, have called into question the efficacy of relying on legalized gambling as a means of economic development. It is therefore our position that until a thorough, comprehensive, and unbiased study of these issues is completed, there should be no new or expanded gambling in New York State.
We are particularly concerned about the rush to place five new gambling casinos in Sullivan County. These casinos would have a profound effect upon Sullivan and neighboring. In addition to substantial increases in school and county taxes, this multi-billion dollar industry would completely dominate the local economy.
Governor Pataki wishes to use the lure of gambling wealth to resolve quickly a series of festering tribal land claims, and he hopes to meet his obligations to the New York City School system largely at the expense of a small county of little political consequence. Accordingly, he is attempting to rush the approval process, and has not allowed the local people to take part in the decision making process. Numerous recent surveys conducted by the press, the Sullivan County Planning Commission and even a Native American Tribe pursuing a casino in Sullivan, all demonstrate, in opposition to pro-casino claims, that there is no majority in favor of casino gambling.
Earlier, with the Seneca Gaming Compact, the Governor pursued the same course. He rushed it through the Legislature without a meaningful deliberation and with no local role whatsoever. He fast-tracked the BIA approval process. This is a shameful, anti-democratic practice that must come to an end.
There are currently a number of lawsuits in both state and federal court over these issues and CAGNYact is a named plaintiff in a state and federal action. The County of Erie has joined the federal lawsuit and is seeking to join the state action in which CAGNYact is a plaintiff. A federal action has been commenced by our Director-at-Large Daniel Warren that challenges the constitutionality of the Indian Gaming Regulatory Act in New York. Erie County has commenced its own lawsuit to force the entities performing demolition work at the proposed site of the Casino in Buffalo to comply with certain health and safety requirements or stop working.
In addition to the lawsuits there is movement in the U.S. Congress to change the Indian Gaming Regulatory Act to limit reservation shopping and there is a bill to prohibit commercial gambling on Indian land in states, like New York, that prohibit it.
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