Attorney General Martha Coakley is pushing for swift action by the state Supreme Judicial Court on the legality of a ballot initiative to repeal the Bay State's two-year-old expanded gaming law, a question that looms large over the awarding of casino licenses.
Coakley rejected the initiative in September, arguing it would damage the contractual rights of those bidding for casino licenses. Those pushing the ballot question appealed Coakley's ruling to the Supreme Judicial Court, which is expected to hear arguments and make a decision in the spring, the same time the state Gaming Commission plans to award casino licenses.
"We expect to request that the SJC take up this matter promptly in order to reach a final determination," Coakley spokesman Brad Puffer said. "While our office determined that the question does not meet constitutional requirements, the most important thing is to get the right result."
If approved to go before voters on the November 2014 ballot, the question would pose huge problems for anyone looking to develop a casino in Massachusetts.
"It's an open question," said Matthew Cameron, an attorney for the repeal group. "I think, honestly, that the smartest thing would be an injunction (on casino development) if it clears the SJC. I think the industry's going to be pretty scared if they see that's going on the ballot."
The Gaming Commission has yet to take a stance on what would happen to casinos awarded licenses in the spring if it appears the law could be overturned in the fall.
"The commission has not taken up this topic yet," commission spokeswoman Elaine Driscoll said.
For now, casino companies are keeping a poker face about the potentially game changing ballot question.
"We knew that was out there when we went after this, we knew that was looming, but we feel that this is a project that is worth pursuing," said Mitchell Etess, CEO of Mohegan Sun, which is going for a license to open a casino on the Revere side of Suffolk Downs and reached a host agreement with the city last week. "I can't control what's going to happen, we can only just keep going, one foot ahead of the other, and get everything done that we need to get done. It has by no means deterred us."
The proponents — a collection of casino foes who played a key role in defeating a Suffolk Downs casino plan in East Boston in November — are proceeding as if they are in the clear. On Dec. 9, Secretary of State William Galvin certified 72,901 signatures they had collected, exceeding the 68,911 needed to get on the ballot.
Revere Mayor Dan Rizzo, a strong casino supporter, said the initiative is frustrating.
"That horse left the barn back in November 2011, expanded gaming is allowed here in the state," Rizzo said. "Now, it's not good enough for them that they're not going to have a casino in East Boston. It's really become a huge distraction to what the state's trying to do, and that's create jobs and hundreds of millions of dollars in enhancements."
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