Casino opponents yesterday argued that since the industry itself has proposed changes to gaming in Massachusetts, the state's highest court should allow voters to decide whether the 2011 gaming law should be repealed.
In a brief filed with the Supreme Judicial Court, the group Repeal the Casino deal outlined that and other arguments why the court should overturn Attorney General Martha Coakley's ruling that their campaign to put a question on the November ballot is unconstitutional.
Casino operators "have already put forward proposals to change the rules," said spokesman David Guarino. "They open up the door, and then they change the rules when they get in to benefit their bottom line. To say that voters shouldn't have the same right to change the law or to repeal it is disingenuous."
Guarino pointed to Las Vegas billionaire Steve Wynn's efforts, for example, to have the 25 percent tax rate on his proposed Everett casino lowered to whatever rate a tribal casino would pay. The Mashpee Wampanoags, who are eyeing a casino site in Taunton, would be taxed at 17 percent if they have the only facility in southeastern Massachusetts. There will be no tax if another casino opens in the region, such as the proposed Foxwoods casino in Fall River.
A spokesman for Wynn declined to comment.
In an email, Christopher Loh, a spokesman for Coakley, said: "While our office determined that the question does not meet constitutional requirements, the most important thing is to get the right result."
Coakley's office will file its response on April 16, and the court will hear oral arguments in May.
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