NEWS
State high court hears gaming case
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by Carolyn Smith
Friday, September 9, 2005
The Wisconsin Supreme Court heard arguments in a case that could affect the future of American Indian gaming in the state Wednesday.
The Dairyland Greyhound Park in Kenosha contends that gaming compacts between the state of Wisconsin and the 11 Indian tribes in the state are illegal.
The compacts give the state's tribes exclusive rights to casino gaming, which cannot be conducted by non-tribal groups.
"The Dairyland case is considered the nuclear bomb of gaming if it were to be decided against the state," Sean Dilweg, the executive assistant at the Wisconsin Department of Administration, said.
Dilweg said tribal gaming in the state would be severely damaged if the state Supreme Court were to rule in favor of the greyhound park.
"It would have a very chilling effect on economic development and jobs," Dilweg said.
Wisconsin is paid $100 million each year by the state's 17 tribal casinos, Dilweg said, and at least 33,000 Wisconsinites are employed by these casinos. The total economic impact of the casinos in the state is estimated to be in the billions of dollars.
If the court were to decide in favor of the dog park, Dilweg said the exclusivity the tribes have would end, in turn cutting off the money the state receives from the tribes.
Despite the threat, the case's history in the state is a reassuring sign, Dilweg said.
"All of the decisions in the Dairyland case so far have gone in the state and tribes' favor," Dilweg said.
When the case was first tried in Wisconsin, the Dane County Circuit Court ruled in favor of the state, and, similarly, an appellate court later decided for the state.
However, the Dairyland Greyhound Park's intentions are just to bring non-tribal gaming organizations back into competition with American Indian gaming, said Dairyland executive vice president Roy Berger.
"The fact of the matter is the competition has devastated us," Berger said. "[But] we are realistic enough to understand that the tribal casinos are never going to go away. All we are trying to do is be allowed to compete fairly with the casinos."
Berger said previous legal decisions regarding gaming in the state have not yet taken effect, violating the state constitution.
"In 1993, the citizens of Wisconsin, in an overwhelming majority vote, agreed to outlaw casino gaming in the state," Berger said.
Though Dairyland has requested the Legislature's help in the past, Berger said it has been to no avail.
"Every time we've gone back to the Legislature for relief, we've been turned down," Berger said. "So what we're looking for is the state to redo the constitutional amendment and put it back up to the public and see if we can get the racetracks included [in casino gaming] as well."
Berger said though there used to be five greyhound tracks in the state, by the end of the year, there will be only one track still in operation.
"We're looking for the state to admit and recognize that casino gaming on Native American land is unconstitutional, and then they are going to have to remedy it. We hope we are part of that remedy."
Though the Supreme Court has until the end of June to decide on the case, Dilweg said the DOA is anticipating a ruling to be announced sometime in October.
