Case tests state liquor law at Mohegan casino

Tuesday, September 15, 2009  

A case before the Connecticut Appellate Court could subject the Mohegan Tribe to certain state liquor laws.

Emily Vanstaen-Holland and her mother, Susan Holland, sued the tribe after Emily was struck by a man who was drinking at Mohegan Sun. Emily, who was 15 at the time of the October 2007 accident, says the tribe should have stopped Glenn Lavigne from becoming intoxicated.

A Superior Court judge, however, said the state's dram shop laws do not apply to the tribe. The Hollands, supported by Attorney General Richard Blumenthal, are asking the appellate court to overturn the ruling.

"Tribal sovereignty must yield to public health and safety laws -- particularly liquor laws -- intended to save lives," Blumenthal said in a press release. "We must hold tribal casinos to their moral and legal duty to respect these laws. The tribes affirmatively agreed to obey public safety laws -- and the U.S. Supreme Court has ordered them to do so."

The tribe has a dram shop law similar to the state's. The case belongs in Mohegan Gaming Disputes Court, the tribe's chief of staff said.

In Oklahoma, the courts have ruled tribes waived their sovereign immunity in dram shop actions through the tribal-state compact.

Get the Story:
Blumenthal: Foxwoods, Mohegan Sun must obey liquor laws (The Norwich Bulletin 9/15)
Blumenthal: Tribes should be liable for casino alcohol (The New London Day 9/15)