Media Release_ Oregon Supreme Court Allows Citizen Challenge to Florence Casino

For Immediate Release:
June 18th, 2009

For More Information:
Attorney Kelly Clark: (503) 306-0224

Salem, Ore.—In a decision with major ramifications for the casino gaming industry in Oregon, the Supreme Court today ruled that a citizens’ group has the right to challenge the constitutionality of the agreement by Governors Kulongoski and Kitzhaber to a compact siting the Three Rivers Casino in Florence, on the grounds that the Oregon Constitution expressly prohibits casinos.The citizens’ group, People Against A Casino Town (PACT) has been challenging the casino since shortly after it was approved, filing a string of lawsuits in state and federal courts, and seemingly being rebuffed at every turn.  No longer, thanks to today’s decision, according to Portland attorney Kelly Clark, who represents PACT:

"For five years now we have been asking a very simple question: how is it, in a state whose constitution expressly prohibits casinos, that our governors keeps siting casinos?  No one wants to answer that question, and we have been bounced from court to court, with the State of Oregon pulling every procedural trick in the book, until today. The Court today has said, quite simply: ‘Governor, you must answer the question and defend the constitutionality of your actions.’  This is all we have asked for—to gain some accountability by the Governor under the Constitution, which is quite clear, that casinos are prohibited in Oregon.  It is a good day for Florence and for the Oregon Constitution”

The case will now go back to the Circuit Court for Lane County for a decision on the merits. Clark said he expected that the briefing and decision from that court could come as early as later this year. “The issues are pretty clear cut– does the Constitution mean what it says, and does it apply to tribal casinos? The disagreement is not on the facts but on the law, so it should be pretty straightforward.We are looking forward to finally getting the answer to our very simple question.”

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Posted on Thursday, June 18th, 2009, in Announcements, Our Work In the News | No Comments »
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