The Connecticut Freedom of Information Commission has ruled that the Connecticut Airport Authority (CAA), doesn’t have to release its behind the scenes objectives for a casino proposal at the Bradley International Airport in Windsor Locks.
MGM Resorts has been nipping at the heels of the authority for months as part of its guerilla warfare against a satellite casino proposed by the Mohegan and Pequot tribes.
It has challenged the law in federal court (the case was dismissed, although that is being appeal) lobbied Congress to make it illegal for a gaming tribe to building a commercial casino in the state where it is based, and engaged in a public relations war with the CAA over its largely secret proposal for a casino at the Bradley International Airport.
MGM is currently building the $950 million MGM Springfield, and sees an existential threat to it if the Connecticut tribes are allowed to build their satellite casino unmolested. Which they are building to protect their own turf from MGM.
The tribes have been working with the authority and other government entities to try to settle on a location for the third casino. Bradley, the second busiest airport in the region, is 20 miles from Springfield, and so has come under special attention from MGM.
MGM hopes to publicize the negotiations between the authority and the tribes, who have formed a coalition to jointly run any casino they build.
In denying MGM’s claim the FIC wrote, “Having such information in the public domain during the competitive process would reveal the authority’s negotiating strategy and would harm the authority’s ability to maintain optimal rental terms and conditions.”
Under a previous Freedom of Information request the authority released its previous plans, including hundreds of pages and emails, relating to a proposal for a casino to be part of Bradley’s new terminal. Since the tribes didn’t act on that proposal in time the airport went ahead with the new terminal, but the authority is still interested in having the casino somewhere on property that it controls near the airport. It won’t discuss details, however.
If the authority and the tribes reach a deal, the town of Windsor Locks would still need to schedule a referendum and the legislature would need to pass enabling legislation.
The town’s First Selectman Chris Kervick said he would schedule a public hearing as soon he can. When he took over last November the board passed a resolution indicating willingness to enter into negotiations with CAA or any other entity showing an interest in a casino. But that same resolution called for a public hearing first.
The tribes’ goal is to build a $200-$300 million casino to serve about 10,000 visitors daily. Currently 17,000 pass through the airport.
Last week Kevin A. Dillon, executive director of the CAA reacted to MGM’s latest move: “It is quite unfortunate that, after failing thus far in their extensive litigation and federal lobbying efforts, MGM has decided to expend even more resources on a public relations campaign that completely mischaracterizes the Connecticut Airport Authority’s proposal for casino development at Bradley International Airport. This desperate attempt at fear-mongering is just another chapter in MGM’s increasingly alarming track record of distorting the truth to protect its business interests and maximize its financial gain at the expense of the CAA. The CAA believes that it is important to correct these inaccuracies so the public understands the reality of the situation.”
Alan Feldman, MGM Resorts International executive vice president of global government and industry affairs, told the Hartford Courant, “The point of this is the fact that all of this is being done in secret, behind closed doors, there is no public input.” Feldman added, “For anyone who’s in Hartford now you can see what happens when you allow public agencies to engage in these secretive backroom meetings what you end up with is a baseball stadium that’s incomplete and no one can use it, that’s not the way this should be done.”
He added, “Does it make sense from a public safety point of view? Does it make sense from a traffic and transportation point of view? And from a revenue point of view for the town of Windsor Locks?”
The Commission ruled on July 26 that the CAA Board’s executive session was legal under the Freedom of Information laws. It added that it was proper for the board to protect its “trade secrets” from competition. It implied that releasing such information could harm the authority’s negotiating process.
In its statement the CAA wrote, “It is also the height of insincerity to allege secrecy as to what the CAA’s intention have been. We have repeatedly, in many public forums, indicated that our proposal was for a ground transportation center site.” It added, “However, other sites remain under active consideration, and documents related to those sites which constitute trade secrets are properly exempt from disclosure in accordance with the proposed findings of the hearing officer.”
It emphasized that there would be plenty of opportunity for public input, including the referendum that the town has committed to.
MGM’s view is that Connecticut cannot legally allow the tribes to build a third casino without amending the existing laws pertaining to commercial casinos.
According to Feldman, “The best thing that could happen would be for special act 15-7 to be set aside and for a new process put in place that asks for bids from any competitor, anywhere in the world to come to Connecticut and put your best foot forward.”
Non-MGM critics of the process point out that the authority kept many details of its process away from the public eye for many months after the plans were no longer under consideration. They note that East Hartford, for example, publicized its proposal months ago.
