Upstate Citizens for Equality
Warren v. Pataki, Hoblock and Bennett
This ia a civil action commenced by Daniel T. Warren against Governor George E. Pataki, New York State Racing and wagering Board Chairman Michael J. Hoblock, Jr., and New York State Police Superintendent Wayne E. Bennett.
This action challanges Part B of Chapter 383 of the Laws of 2001, Executive Law § 12, and the subject tribal-state compact between the Seneca Nation of Indians and the State of New York.
The basis of the challenge is that the State Legislature exceeded its power as limited by Article III Section 17 of the New York State Constitution which provides "No private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in the title."; the State Legislature exceeded its power as limited by Article III § 20 of the New York Constitution which prohibits the legislature from passing any private or local bill "Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever."; in that it requires the state to lend its money or credit in violation of Article VII section 8 of the New York Constitution; the State Legislature exceeded its power by ratifying it through a special law in violation of the Home Rule provisions of Article IX of the New York State Constitution and the laws of the State of New York; the State will receive money from gambling activities in violation of various provisions of New York Penal Law Article 225 and 18 USC § 1166 and is otherwise against the public policy of the State of New York as expressed in various constitutional provisions and laws of this State which include, but is not limited to, The Donnelly Act (General Business Law § 340) and The Organized Crime Control Act (Article 460 of the New York Penal Law); and is in direct conflict with 12. Article 1 § 9 of the New York State Constitution which provides that no "gambling, except lotteries operated by the state and * * * pari-mutuel betting on horse races * * * shall hereafter be authorized or allowed within this state".
The relief sought is declaratory and injunctive in nature and includes declaring the challenged provisions of law including the tribal-state compact between the Seneca Nation of Indians and the State of New York which the Seneca Niagara Casino and Seneca Allegany Casino unconstitutional, illegal, and void.
Previously I attempted to raise these issues by intervening in the action commenced by the City of Buffalo, Anthony Masiello, Carl Paladino and the Huron Group, Inc. over the interpretation of the tribal-state compact between the State of New York and the Seneca Nation of Indians. The plaintiffs contended that according to the tribal-state compact the casino should be located in the City of Buffalo and not the Town of Cheektowaga. The defendants contended that the tribal-state compact just requires the casino to be located in Erie County. Click here for more information on this action.
The Defendants and the Oneida Indian Nation of New York has moved to dismiss this action and I have cross-moved to add the Oneidas as a defendant in this action. Justice Tills granted the Oneida's and the Defendants' motions and dismissed the action without reaching the merits.
Since the Court did not reach the merits of this action I will be commencing a new action in the United States District Court for the Western District of New York. For information on this suit Click here.