City Council Votes 6-0 to Join Plaintiffs in Casino Local Ballot Lawsuit

The city of Newport is standing behind a group of residents who filed a Superior Court lawsuit that alleges the state General Assembly violated the constitution when it removed a requirement for a separate local ballot question asking whether table games will be allowed at Newport Grand.

Instead, lawmakers in the waning hours of a late-night session to wrap up the legislative term, opted to go ahead with a single statewide ballot question for table games at Newport Grand with assurances that Newport voters will be counted separately. And it is understood that even if a majority of Rhode Islanders support table games at Newport Grand, paving the way for the development of a luxury casino and entertainment center in its place, the measure will still fail if Newporters vote no.

Despite the assurances, the lawsuit contends that the changes violate the constitution and deprives Newport voters their right for a separate ballot question. And last night, the City Council, in a unanimous vote, approved a resolution that throws support behind the lawsuit.

According to the resolution, which was sponsored by Councilor Justin McLaughlin, the city of Newport “agrees” that the changes to the ballot were unconstitutional and deprives Newporters their right under Article 6, Section 22 of the state Constitution to a separate local referendum.

With its passage, the council has directed the City Solicitor to file a brief in support of the plaintiffs no later than Oct. 27.

The suit was filed by Newport residents Deborah Arnold, Elizabeth P. de Ramel and Charles Weishar, who oppose the expansion of gambling at Newport Grand.

According to the lawsuit, the elimination of the local referendum ”will result in a material risk that qualified Newport electors who oppose the expansion will not cast their votes on a statewide referendum.”

In essence, the fear is that fewer Newporters will vote one way or another without a separate ballot question.

State election officials have agreed to highlight the Newport ballot question in yellow to make it stand out.

Questions about whether the city would be a party to the lawsuit arose last month when the suit was filed. At an earlier City Council meeting, Councilor Michael Farley said the city could pick either side, but he urged the city to join the plaintiffs.

On Wednesday, he said that it’s the city’s chance to fix what was broken by state lawmakers.

Opponents of casino gambling in Newport praised the council for their vote.

In a statement, members of Citizens Concerned about Casino Gambling said “the Newport City Council took a stand for our Constitution and for local Newport residents when they voted 6-0 to pass Councilor McLaughlin’s resolution.”

“Casino developers have done everything possible to manipulate the upcoming vote related to the casino referendum,” the statement read. “They started early in 2014 when they popped up a corporation, and then lobbied the General Assembly to take away our constitutional right to vote on our local ballot. They have continued to mislead and distract voters with inflated campaign promises and political sideshows.”

Meanwhile, Jobs for Newport, which is leading the campaign for table games at Newport Grand, has launched an online forum for people ”to weigh in on the best ways to invest $9 million to move the City forward.”

That $9 million figure comes from Jobs for Newport’s assurances that the proposed Newport Entertainment Center would increase revenue by $9 million over the first six years after the upgrades are complete.

“We invite all Newport residents to weigh in on how the City should spend the $9 million over six years that will be guaranteed by the state, with voter approval in November,” said Joseph R. Paolino, Jr., a partner in the Jobs for Newport proposal. “This forum will help start an important conversation about the best ways we can use this substantial new revenue to reinvest in Newport.”

Residents can visit jobsfornewport.com/forum to participate.

In 2012, on the local ballot, Newport voters rejected table games at Newport Grand with 4,748 voters voting no and 4,150 voters voting in favor of table games.

But the same question on the statewide ballot, Question 2, was rejected by a more narrow margin and just 8,649 Newport voters chimed in on the statewide question.

Read the full lawsuit here:https://www.dropbox.com/s/gm9zqee3bsf49s3/DOC_20140918141131_000.pdf?dl=0