It is seldom, or possibly never, the case that a gaming law will be passed without opposition or resort to the courts. Things are no different in Pennsylvania where the Gaming Control Board (PGCB) filed suit with the Pennsylvania Supreme Court on 5 April, challenging an ordinance passed by Philadelphia City Council which would amend the city’s Home Rule charter through a May 15th ballot referendum, thereby restricting the location of legally approved slots casinos and further delaying property tax relief and new jobs.

Yesterday Philadelphia City Council approved a zoning change aimed at barring Foxwoods Casino from developing a slots operation on its land on Delaware Avenue. Foxwoods says it will challenge the 14 votes to 3 Council decision in court, arguing that it is illegal spot zoning. The Council maintains that its position will force Foxwoods to go before the Zoning Board, which would give Philadelphia residents the chance to voice their opposition to a casino.

The proposed zoning ordinance would prohibit licensed gaming facilities from operating within 1,500 feet of a residentially zoned district, religious building, school or public recreational facility. PGCB Chairman Tad Decker has said that losses to citizens due to delays in opening the two Philadelphia Slots facilities, Foxwoods Casino and SugarHouse Casino would be $140 million every six months, tax revenues that can never be regained. Under the Horse Race Development and Gaming Act, the Board has jurisdiction over every aspect of the authorization, operation and regulation of gaming in the Commonwealth.
(E-04.20.07)

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