Oregon Supreme Court Opens Door for Compact Challenge
The Oregon Supreme Court decided yesterday to allow a citizen group called People Against a Casino Town, or PACT, to proceed with its challenge of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians’ Class III gaming compact with the State of Oregon. See State ex. rel Dewberry v. Kulongoski (Order of June 18, 2009).
PACT brought suit in 2003 challenging the Oregon Governor’s authority to enter into a gaming compact with the Confederated Tribes. The compact allows the Tribe to open a Class III casino near Florence, Oregon. But the group argues that the Governor acted unconstitutionally in two ways. First, the group claims the Oregon Constitution prohibits the operation of casinos in the State of Oregon. Second, the group asserts that the Governor violated the state constitution’s separation of powers provisions. People Against a Casino Town, true to its name, seeks to void the compact between the Tribe and the state.
The Oregon Supreme Court affirmed the Oregon Appellate Court’s decision and remanded the case to the trial court for further proceedings to consider the citizen group’s mandamus action to void the compact. This decision, beyond generating protracted litigation, could give traction to similar suits in other states wherein state constitutions arguably prohibit state legislative or executive authorization of casino-style gambling as PACT argues Oregon’s Article XV, Section 4(12) does. Of course if People Against a Casino Town, or PACT, eventually succeeds, the case would curtail or terminate state-tribal gaming compacts in Oregon.
