The anticipated hearing for the lawsuit filed by Atlantic City casino workers seeking a smoking ban has been postponed, marking a significant setback in their ongoing fight for safer working conditions. Initially scheduled for April 25, the hearing has been delayed by two weeks following a request from the New Jersey Attorney General’s office.

Lawsuit Delay Heightens Battle Against Smoking in Atlantic City Casinos

This delay comes amidst a longstanding effort by the Casino Employees Against Smoking Effects (CEASE) and the United Auto Workers (UAW) union to challenge the exemption allowing smoking in Atlantic City casinos. Their lawsuit contends that the exemption violates the principle of equal protection under the law and is unconstitutional.

Expressing frustration over the delay, Pete Naccarelli, co-founder of CEASE, highlighted the continued exposure of tens of thousands of casino workers to hazardous secondhand smoke. He emphasized the urgency of addressing the issue, asserting that the current environment not only poses dangers but also infringes upon workers’ constitutional rights.

The postponement of the hearing adds another layer of complexity to an already contentious issue. Workers, represented by the UAW, have long advocated for a smoking ban in casinos, citing concerns about their health and safety. 

Similar campaigns in other states such as Rhode Island, Pennsylvania, Kansas, and Virginia have underscored the broader significance of this issue, resonating with workers across the country.

Casinos Maintain Stance Against Smoking Prohibition

Recent financial reports revealing a downturn in physical visits to Atlantic City’s casinos have heightened concerns. However, workers and union leaders assert that implementing a smoking ban is imperative to safeguard the well-being of both employees and customers, viewing it as a crucial step toward addressing the city’s existing challenges.

Earlier this year, Sen. John Burzichelli presented a bill aimed at addressing the grievances of both workers and the casino sector. However, the proposed legislation was heavily skewed in favor of casinos, leading workers to advocate for a comprehensive ban to reject it. 

Despite growing calls for a smoking ban, the Casino Association of New Jersey remains steadfast in its opposition, citing apprehensions regarding its potential impact on competitiveness with neighboring states. Nevertheless, workers are resolute in their pursuit of change through legal means. The quest for improved working conditions has struck a chord across New Jersey, garnering widespread public backing.

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Wynn Las Vegas has taken legal action against Fontainebleau, requesting a Clark County District Court judge to intervene and halt what they claim is the ongoing poaching of their executives by the rival resort.

Wynn’s Legal Filing Claims Fontainebleau Tempts Executives with Salary Boosts

In a recent court filing, Wynn attorneys outlined allegations that Fontainebleau has been actively enticing Wynn executives, who are bound by noncompete agreements, to abandon their positions and join the competitor, reported The Las Vegas Review-Journal. The motion, submitted on April 5, detailed instances where Fontainebleau allegedly offered substantial salary increases to lure Wynn employees away.

The motion asserted that Fontainebleau had repeatedly interfered with and attempted to interfere with Wynn’s employment agreements. It further argued that given Fontainebleau’s past behavior, it is likely to continue such practices, hence the request for an injunction to prevent further disruption of contractual relationships.

This legal tussle began at the beginning of March when Wynn initially filed a lawsuit against Fontainebleau. The complaint alleged persistent efforts by Fontainebleau to convince Wynn employees to switch sides.

The ongoing lawsuit later escalated with the submission of a response from Fontainebleau, including correspondence between the CEOs of both companies, revealing discussions about alleged attempts by Fontainebleau to attract Wynn executives. 

Executive’s Involvement Shapes Wynn-Fountainebleau Legal Battle

One such employee mentioned in the Wynn Las Vegas filing is Wayne Crane, a senior executive director of entertainment for Wynn Nightlife. According to the motion, Crane, who had been with Wynn for over a decade, was approached by Michael Waltman, senior vice president of nightlife at Fontainebleau. Waltman allegedly suggested Crane was undervalued at Wynn and discussed potential opportunities at Fontainebleau, including a significant salary increase.

Crane, although content at Wynn, expressed openness to new prospects, particularly if accompanied by a substantial pay raise. Fontainebleau reportedly offered Crane nearly double his current salary and proposed a workaround for the noncompete clause by assigning him to their Miami branch while allowing him to oversee operations in both Miami and Las Vegas from Nevada.

Crane eventually accepted Wynn’s counteroffer of a new three-year contract with substantially increased pay. This turn of events underscores the intensifying competition for talent in the Las Vegas hospitality industry.

While noncompete clauses are not prohibited in Nevada, legal experts speculate on whether this lawsuit might prompt a reevaluation of such contractual agreements in the state.Judge Mark Denton of Clark County’s business court is expected to rule on Wynn’s request for a preliminary injunction within the next month, marking a pivotal moment in this legal battle between two major players in the Las Vegas hospitality sector.

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After years of legal battles, a federal judge has brought closure to the longstanding dispute over the tribal casino in the Jamul Indian Village, located in San Diego County. US District Judge Andrew G. Schopler, appointed by President Joe Biden, not only dismissed the latest case against the casino but also imposed sanctions on the plaintiffs, marking an end to the protracted legal saga.

Kumeyaay Native Americans Reveal Historical Dispute in Battle for Tribal Land

The case dates back to the early 1990s when the Kumeyaay Native Americans, residing in the Jamul Indian Village, held an election regarding the construction of a casino and a hotel on their tribal land. The decision led to a series of legal challenges initiated by a group opposing the construction, which persisted over the years.

In his ruling issued on February 29, Judge Schopler emphasized the frivolous nature of the plaintiffs’ claims, citing over 20 failed lawsuits with shifting and meritless arguments, reported Courthouse News Service. Judge Schopler accused the plaintiffs of pursuing the case in bad faith, solely for harassment purposes, and ordered all attorney fees to be borne by the plaintiffs.

The core of the legal battle revolved around allegations that the construction of the casino infringed upon ancestral burial grounds, owned by the Roman Catholic Church of San Diego. The plaintiffs contended that the transfer of the cemetery plot to the Village was fraudulent, and orchestrated to evade responsibility for desecration.

Federal Judge Ends Lawsuit Against Tribal Village, Urges Plaintiffs to Cease Legal Pursuits

However, Judge Schopler dismantled these arguments, highlighting the plaintiffs’ misunderstanding of state laws and failure to prove fraudulent transfer. Moreover, he pointed out a critical legal flaw: the absence of the Village as a defendant, despite its indispensable status. As a federally recognized tribe, the Village enjoys sovereign immunity, rendering it immune to lawsuits.

Consequently, Judge Schopler dismissed the case and cautioned against further legal pursuits by the plaintiffs and their attorneys, warning of escalating financial penalties. Expressing hope for a definitive resolution, he urged the plaintiffs to accept their losses and cease litigation.

Last year the Jamul Indian Village Development Corporation (JIVDC) expanded its Jamul Casino with a luxurious 16-story hotel boasting 200 rooms, including 52 suites, alongside extensive amenities such as a rooftop pool deck, restaurant with scenic views, retail space, meeting areas, spa, and fitness center. 

Linked by a pedestrian sky bridge, the hotel aimed to elevate the gambling experience. The expansion reflected JIVDC’s strategic growth plan following a substantial loan, with Chair Erica Pinto emphasizing the economic benefits for the tribal nation and local community, while casino president Mary Cheeks anticipated enhanced competitiveness in the leisure market.

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Recent measures introduced in the Florida legislature aim to tackle the longstanding issue of illegal slot machines proliferating across the state, presenting a growing concern for authorities. Bills SB 1046 and HB 189 have been tabled to provide clarity on existing laws surrounding these machines and to ramp up penalties for their possession and operation.

Legal Experts Push for Tougher Penalties in Florida’s War Against Illegal Slots

Dan McGinn, a special counsel for the law firm Jones Walker, emphasized the intention behind the bills, highlighting their role in dissuading proprietors from harboring illegal slot machines. Speaking to CDC Gaming Reports, McGinn underscored the significance of elevating penalties to felonies, suggesting it would incentivize law enforcement to pursue cases more vigorously.

The presence of illegal slot machines extends beyond authorized gambling establishments, such as pari-mutuel facilities and properties owned by the Seminole Tribe of Florida. 

Eric Carr, Director of External Affairs for the Florida Gaming Control Commission, shed light on the clandestine nature of these operations, often camouflaged within adult arcades and internet cafes.

Carr emphasized the broader ramifications of such illicit activities, linking them to the funding of violent criminal enterprises like drug trafficking and human exploitation. He cited recent instances of violence at illegal gambling sites across various counties, underlining the urgency for legislative intervention to curb this menace.

Florida Shines Light on Slot Machine Regulations

Unlike states grappling with ambiguity over gambling definitions, Florida’s stance on slot machines remains clear due to statutory prohibitions. McGinn dismissed any ambiguity, stressing that Florida’s legal framework unequivocally outlaws such machines except in designated areas.

The American Gaming Association (AGA) has thrown its weight behind efforts to eradicate illegal gambling apparatus. AGA President and CEO Bill Miller emphasized the importance of empowering law enforcement to combat this underground market, aligning with Florida’s legislative push to enhance penalties and enforcement measures.

McGinn echoed sentiments of support for the proposed bills, emphasizing their potential to mitigate the spread of illegal gambling activities statewide. He underscored the broader societal benefits of curtailing unregulated gambling, pointing to the associated social and economic harms.

As the legislative debate unfolds, stakeholders remain optimistic that these measures will provide much-needed clarity and deterrence against the proliferation of illegal slot machines. 

With bipartisan support and backing from industry advocates, Florida’s crackdown on illicit gambling endeavors signals a concerted effort to safeguard communities and uphold the integrity of the state’s gaming regulations.

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Three formidable contenders are locked in a fierce competition to secure the coveted license for Canada’s Caesars Windsor. The iconic casino, a cornerstone of Windsor’s economy and tourism for the past three decades, is facing an unprecedented challenge as the Ontario Lottery and Gaming Corp (OLG) reviews proposals from industry giants.

Caesars Windsor’s License Sparks Fierce Competition

For the first time since its grand opening 30 years ago, the license to operate the slot machines and blackjack tables of Caesars Windsor is up for grabs, reported The Globe and Mail. 

The OLG, responsible for overseeing the selection process, is tight-lipped about the proceedings, but insiders reveal a three-horse race among Caesars Entertainment Inc., the current operator, Bally’s Corp., an upstart built from Caesars’ former assets, and Mohegan Gaming and Entertainment, an Indigenous-owned enterprise with a successful track record in Niagara Falls.

Despite the OLG’s confidentiality measures, speculation is rife in Windsor about who will emerge victorious. The decision, expected in the fall, will determine the casino’s operator for the next two decades, commencing in 2025.

Local leaders, including Windsor Mayor Drew Dilkens, union representatives, and tourism officials, rally behind the incumbent, Caesars Entertainment Inc. With unanimous support, they cite the casino’s pivotal role in providing over 2,000 jobs and anchoring the local tourism industry. 

The OLG’s decision holds significant weight, as it not only impacts the casino’s future but also shapes the broader economic landscape of Windsor.

Caesars Windsor Transforms City Identity, Shifting from Auto Hub to Tourist Hotspot

Caesars’ legacy in Windsor extends beyond its economic contributions. The casino, strategically located in the heart of downtown, played a crucial role in transforming the city’s identity from an automobile hub to a thriving tourist destination. 

Over the years, it weathered challenges such as smoking bans, cross-border travel restrictions, and the recent global pandemic, emerging as a resilient force in the ever-evolving gambling industry.

The influence of Caesars on the local economy is profound, with 4.4 million visitors injecting $669 million into the region in 2022. The OLG’s decision will not only impact the casino’s future but also reshape the competitive dynamics of the regional gambling industry.

In April 2023, the OLG initiated the search for a new operator for Caesars Windsor Casino, as the current contract with Caesars Entertainment is set to end in 2025. 

The OLG’s Request for Pre-Qualification (RFPQ) invited experienced and reputable companies to submit initial bids, ensuring the selection of a highly qualified service provider to maintain the casino’s competitiveness and contribute to the local economy. The chosen operator will oversee day-to-day operations, but the OLG will retain overall control.

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In a determined effort to combat the recent ruling legalizing skill games in Pennsylvania, several casinos have appealed to the Pennsylvania Supreme Court. 

Parx Casino and Others Lead Legal Battle Against Skill Games Ruling

Leading the charge, Parx Casino Bensalem and Shippensburg are among the establishments that have sought an appeal from the Supreme Court. 

Despite the Commonwealth Court’s decision, the battle appears far from its conclusion. The appeal filed by Parx Casino and others argues that skill games pose a significant threat to the licensed, regulated, and supervised casino industry in the state. 

The appeal contends that these games, exempt from gaming taxes and oversight, undermine the contributions of the casino industry, which employs thousands, supports tens of thousands of jobs, and generates substantial tax revenues for the state.

A majority of Pennsylvania casinos, including Mohegan Pennsylvania, Hollywood Casino, Penn National Race Course, and others, have joined the legal fray. 

The appeal to the Supreme Court emphasizes the potential repercussions of the Commonwealth Court’s decision, asserting that the ruling of the Commonwealth Court allows unlicensed, unregulated, and illegal slot machines to potentially dominate the gaming scene in Pennsylvania, contrary to the intentions of the General Assembly.

Pennsylvania Attorney General Joins Casinos in Legal Challenge Against Skill Games

The Pennsylvania Attorney General’s office, hinting at an appeal last month, has officially filed one this week, aligning itself with the casinos in challenging the legality of skill games. Both briefs argue that skill games should be treated as slot machines within the context of Pennsylvania’s legal framework.

The concerns highlighted in the briefs go beyond legal technicalities. They raise issues of social responsibility, noting that unregulated skill games lack the same restrictions and oversight as their regulated counterparts. 

Skill games in Pennsylvania have been a source of debate regarding regulation and taxation, gaining popularity and sparking controversy among businesses. The Commonwealth Court, which recognized the legality of wins from skill games, paved the way for potential regulation with its decision last month.

This week, Mike Barley, Chief of Public Relations at Pace-O-Matic, urged casino operators to reconsider their stance on skill games, emphasizing the need for regulation to benefit small businesses. The recent court victory has given hope to supporters of skill games, who anticipate effective regulation shortly. 

For example, Sen. Gene Yaw’s proposed bill, advocating for taxation and regulation, aims to generate an estimated $300 million for the state in its first year. 

However, casino operators remain opposed to such regulations, with Barley accusing them of hindering the process. Pace-O-Matic supports the regulation of skill games and calls for lawmakers to take necessary action.

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Resorts World Las Vegas, along with its former president and chief operating officer, Scott Sibella, are fighting back against a federal lawsuit filed by Robert “RJ” Cipriani. The legal team for Sibella and Resorts World has submitted a motion to a US District Court judge, urging the dismissal of the six-count lawsuit.

Resorts World Faces Lawsuit Over Alleged Oversight of Illegal Gambling

Cipriani alleges that Sibella and Resorts World turned a blind eye to felons illegally gambling at the renowned Strip casino. In response, Sibella’s attorney, J. Colby Williams, argues that Cipriani has an exaggerated sense of importance on the global stage, reported The Las Vegas Review-Journal. Cipriani, who goes by the aliases ‘Robin Hood 702’ or ‘Robinhoodvegas,’ claims to be an avid gambler, activist, and philanthropist, self-anointed to cleanse the gaming floors of high-stakes gamblers he deems a threat.

Sibella departed Resorts World in September, cited for violating company policies and the terms of his employment agreement, according to the company. The motion to dismiss asserts that Cipriani’s claims lack substance and are driven by personal vendettas rather than factual evidence.

Resorts World Las Vegas is one of the most popular properties on the iconic Las Vegas Strip. Just last week the resort witnessed a surprising appearance of British royals Prince Harry and Meghan Markle during Katy Perry‘s concluding performance of the Play concert residency at the Resorts World Theatre. 

Cipriani Accuses Resorts World of Negligence and Conspiracy

Cipriani, seeking unspecified compensatory and punitive damages, accuses Resorts World and Sibella of negligence, civil conspiracy, and intentional infliction of emotional distress. He claims to have been a patron of the 3,500-room Strip resort since its grand opening in June 2021.

Tamara Peterson, attorney for Resorts World, contends that Cipriani exhibits a pattern of inappropriate and unlawful behavior in casinos across the United States, often resulting in his barring from numerous properties. Peterson dismisses Cipriani’s allegations as frivolous and predatory litigation.

In response, Cipriani’s California-based attorney, Marshall Cole, deems the motions to dismiss mere distractions. Cole argues that Resorts World and Sibella are attempting to divert attention from the core issues of the case by launching character attacks on Cipriani. He emphasizes that such attacks have no bearing on the merits of Cipriani’s claims and only underscore the defendants’ refusal to take responsibility for their actions.

Cole anticipates responding to the dismissal motions, and the court is expected to rule on these motions within a month. Notably, in February, the Nevada Gaming Control Board concluded a year-long investigation into allegations against Sibella, determining them to be unfounded. 

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Caliplay, the Mexican online casino and sports betting brand, has announced it launched legal action against Playtech, the global gaming giant, as it seeks to cancel a partnership between the two companies.

The legal action was filed by Caliplay in the 46th Civil Court of Mexico City and it was brought against Playtech and also its Playtech Software and Playtech Malta subsidiaries. Caliplay was formed as a joint venture between Caliente, the Mexican operator, and Playtech.

Now Caliplay wants to break off its legal relationship with Playtech because the Mexican company says that it has a negative impact on the running of its regulated online casino and sports betting business.

The Mexican Court has already issued several interim orders until the final resolution of the case, including the suspension of some of the rights Playtech held under the agreements with Caliente.

Until the claim is resolved, Playtech must continue to provide software and services to Caliplay. However, the supplier will no longer receive payment from the Mexican operator for its services.

Caliplay released a statement in which it expressed its desire to have the matter resolved as quickly as possible. Moreover, the Mexican operator underlined that it “is committed to maintaining a channel of communication with Playtech through which any disputes can be discussed and resolved.”

A Highly Valued Customer

Playtech did not respond negatively to the news from Mexico, at least not yet. On the contrary, the global gaming supplier described Caliplay as “a highly valued customer” and added that their contractual relationship has been “extremely productive for both parties.”

The company also noted that it has only become aware of the legal proceedings from Caliplay’s announcement and not from the Mexican Court. “Playtech has not yet had access to the court filings in Mexico,” a company statement read. “To the best of its knowledge, it has not yet been served with any proceedings. Playtech is therefore only aware of the matters in Caliplay’s announcement.”

However, the matter has its origins in February, when Playtech tried to obtain clarification from English courts on a disagreement with Caliplay. The case in question referred to whether the latter still held an option to redeem an additional services fee element of the strategic agreement.

The fee amounted to 34.4 million euro for the first six months of 2022 and Playtech said the option is stated as being exercisable for a period of 45 days following the approval of the audited accounts. In Playtech’s view, the option had expired but the operator disagreed.

Source: “Caliplay launches legal action against Playtech in Mexico“. iGaming Business. October 5, 2023.

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US President Joe Biden has reaffirmed his commitment to combating the proliferation of hidden fees, colloquially known as “junk fees,” that often catch consumers off guard when making reservations or purchasing tickets. 

President Biden’s Crusade Against Deceptive Pricing Tactics Gains Momentum

In recent posts on X (Formerly Twitter), President Joe Biden voiced his concerns over these deceptive pricing tactics. He argued that such fees frequently make a stay or event significantly more expensive than initially advertised, leaving consumers feeling misled and frustrated. Amid ongoing concerns about rising inflation affecting everyday expenses, Biden is determined to tackle the issue of misleading online pricing schemes.

The President emphasized the importance of transparency, stating: “Concert tickets are hard enough to get; you shouldn’t have to pay surprise service fees on top of that. My Administration is working to crack down on those junk fees so you know what you are paying for upfront.”

This initiative to address hidden fees in the hospitality and entertainment industries was first introduced by President Biden in October 2022. At that time, he announced his intention to instruct the Federal Trade Commission to develop regulations aimed at curbing unfair and deceptive fees across various sectors.

Despite these efforts, progress on the issue has been slow at the federal level. In July, Senators Amy Klobuchar (D-Minnesota) and Jerry Moran (R-Kansas) introduced bipartisan legislation known as the Hotel Fees Transparency Act. The bill aimed to compel hotels and resorts to include resort fees and any additional charges, excluding taxes, in their advertised rates. However, the bill has stalled in the Senate Committee on Commerce, Science, and Transportation.

Gaming Industry and Politicians Clash Over Resort Fee Regulations

The gaming industry, represented by the American Gaming Association (AGA), opposes the mandatory inclusion of resort fees in advertised nightly rates, arguing that it would stifle their ability to compete and innovate. Senator Jacky Rosen, a Democrat from Nevada, who also serves on the committee, believes that many casinos and resorts in her state are already transparent in their booking policies.

Nevada’s Senator Catherine Cortez Masto (D) and Representative Dina Titus (D) support the idea of transparent pricing but suggest that legislation should focus more on ticket charges rather than regulating casinos and hotels. They emphasized the need to ensure that the administration’s proposals prioritize the elimination of surprise fees rather than punishing establishments that already disclose their fees upfront.

While President Biden’s commitment to addressing junk fees has garnered attention, some critics have questioned whether this issue should be a top priority, given more pressing economic concerns facing the US. Critics argue that with the cost of groceries and other essential items on the rise, the focus on concert ticket fees may appear misplaced.

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As one old adage goes, “If you can’t stand the heat, get out of the kitchen.” Another cautions that adding fuel to the fire only increases the heat. None we are aware of speak to what happens when you add your own fuel by stating your case and promoting your own interests or having others do that for you.

Hell’s Kitchen is a part of New York City with a storied past quite unlike that of Times Square, a little more than a mile away. Centre Street, the Bowery, Canal Street, and Park Row – the general location of Martin Scorcese’s and Leonardo Di Caprio’s epic historical fiction story, the Gangs of New York is only about three miles away.

Setting the Stage for an Epic Battle

That backdrop should set the stage for what could be about to commence in the competition for three new downstate casino licenses in New York state – the first actual bonafide real Las Vegas casino licenses ever issued in or around a bustling metropolis holding some 19 million potential casino customers. A market that some have deemed to be potentially be the most lucrative latent casino market in the world.

Although there are three casino licenses available in downstate New York, potentially in and around New York City, most reporting indicates that two of those licenses are “widely believed” to be destined for the existing lottery-based casinos in Yonkers and Jamaica, Queens. The existing casinos are relatively large gaming venues that already provide tens of millions of dollars if not hundreds of millions in annual tax revenues, jobs benefits, and other financial knock-ons to local communities and the state in general. They are also operated by Resorts World and MGM, two of the largest casino operators in the world.

If two of the licenses are as good as thrown to the wind by simply changing the way two large casinos account for their handle, churn, and hold more to “real casino” standards rather than the simpler video lottery terminal and more or less fixed odds electronic gaming table accounting practices with wilder swings in gross gaming revenue for the more volatile games or natural swings in deviations from the mean for “coin flip” games like real baccarat, roulette or even baccarat, what is to be gained by the state?

That seems to be the elephant-in-the-room question most reporting fails to ask. We proffer that all three licenses might actually be up for grabs because “damn the torpedoes”. New York state will choose whichever options actually generate the most revenue and benefits for the people of New York, the local communities, and the state, because “that’s actually the remit” isn’t it?

The state is not in the business of doing favors for competitive businesses or at least it shouldn’t be, and if existing “casino communities” and their attendant gaming operators lose a little for the greater good of the state by creating three brand new revenue streams “cannibalism be damned” then that’s exactly what the location selection committee will recommend – or should.

If, in the end, a greater benefit for the whole of the state and the populace can be shown to be better attained by simply expanding the current gaming venues – more or less grandfathering in existing operators without fear or favor, then that is what the selection will, or should determine its job is to do.

Back to the Heat in the Kitchen

If that is the case, and the world’s most powerful casino interests are about to embark on a competition for perhaps the most lucrative market on earth – observers and participants should be ready for an epic battle of the titans as has never been seen before and it’s going to get so hot in downstate New York that an outside observer wouldn’t know the difference between Hell’s Kitchen, Times Square, Staten Island, Coney Island, any of the potential sites for a single new casino license. Or hell itself.

We saw amazing machinations for placement, power and control of the upstate casino markets a few short years ago when the first Las Vegas-style casino towns and operators were chosen – so-called “grassroots organizations”, false-flag petition drives, disinformation, seriously flawed “gaming studies”, political upheavals and almost every other imaginable disruption of industry-standard business decorum and charm offensive imaginable.

You ain’t seen nothing yet

For now, we see self-promotion, goodwill advocacy, and some local resistance to each announced contender’s proposal. We see good corporate “citizens” pitching themselves as the most viable alternative and none of the half dozen or so serious contenders has attacked any other in public – nor are they likely to overtly. Nothing “dirty” has bubbled up yet and none of those vying for a new license outside of Yonkers or Queens has alluded to there only being one license available – nor have the two “widely believed” “shoe-ins”.

MGM Resorts International, the owners of Empire City Casino at Yonkers Raceway in Yonkers has remained mostly mum on the subject as has Genting Malaysia Berhad – the ultimate owner of Resorts World New York at Aqueduct Raceway. And that is the wise move. Isn’t it? That could change.

What’s Coming?

When the state opened bidding for the licenses they set the minimum bid at half a billion dollars and let it be known that it would be a competitive bidding process. At least one player stated it would not go down that route – it would offer a proposal, and negotiate in good faith, but not go head over heels into a bidding process. There are, of course, many possible reasons for such a position not the least of which could be that it would show weakness if it were to find itself unable to compete in a high-priced auction of sorts or that it might not have quite the resiliency to be an effective world power if it tied up resources in an unproven market due to the “known unknowns” of just how many licenses might be up for grabs in reality.

Perhaps New York state or the existing video lottery terminal and electronic table game providers should clear the air and let the public, as well as the potential contenders, know specifically if the existing lottery casinos are on equal footing with other competitors or if they are to enjoy a potentially unfair advantage. Each new proposal we have examined has addressed community benefits and other aspects expected of them in the request for proposals. There is still an elephant in the room and that elephant, if not stared down and asked to dance could quite possibly, become exhibit #1 in any “sour grapes” lawsuits, which inevitably arise before all is said and done when the stakes are this high.

For now, the question remains, just how hot is this contest going to get? The answer is most likely just hot enough to create inflection point after inflection point and just hot enough to bend reality in the mirror of time enough that when it is all said and done, most people will be glad just to be shut of it and to get on with life in the fast lane of gambling. However, it also could present myriad risks to consumer confidence in any and all processes involved in American casino license tenders.

Were two additional licenses approved by voters with a simple majority of Yay vs Nay votes after all seven currently authorized licenses have been issued under the 2013 referendum – all stakeholders, including the public, deserve the quietude of a clear and transparent process with no wild animals lurking in, stumbling. Around, or crashing through the room

If that is true, then why not now? If not now, when? The tender candidates who may risk many times the “minimum bid” to build the casino(s), as well as the public surely deserve to know.

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