A federal judge heard arguments on Tuesday in a lawsuit challenging tribal provisions in the Massachusetts gaming law.
H.3702 authorizes three casinos in different regions of the state. The casino in Region C -- southeastern Massachusetts -- has been set aside for "a federally recognized tribe." K.G. Urban Enterprises claims the provision is illegal because it is "race-based." The developer asked the judge for an injunction to prevent the state from negotiating a Class III gaming compact with the Mashpee Wampanoag Tribe. The state countered that the provision is based on a "political" classification of tribes. Assistant Attorney General Kenneth Salinger also said KG's challenge isn't ripe because Region C could potentially be opened to non-Indian developers if the tribe fails to negotiate a compact and secure land for a casino. Judge Nathaniel M. Gorton, of the federal court in Boston, is hearing the case. Get the Story: