Oneida Nation Wins FOIL

New York Supreme Court Justice Vincent Reilly in mid-March ordered the state’s Gaming Commission to release to the Oneida Nation documents containing factual and statistical data on a proposed casino project in Tyre. Reilly allowed the commission to omit opinions and recommendations made by experts. The tribe says the Gaming Commission erred in approving the casino license.

The New York Gaming Commission must turn over documents relating to its approval of a proposed casino in Tyre, the state’s Supreme Court ruled.

New York Supreme Court Justice Vincent Reilly in mid-March ordered the state’s Gaming Commission to release the documents containing factual and statistical data on the proposed casino project. Reilly allowed the commission to omit opinions and recommendations made by experts.

The del Lago Resort & Casino in Tyre received one of three casino gaming licenses approved in December 2014 for proposed casinos in Upstate New York. A fourth is likely in the Southern Tier, as New York officials seek ways to boost economic activity in the state’s rural areas.

The Oneida Nation’s Turning Stone casino is situated about 95 miles east of Tyre, and the tribe in a separate lawsuit argues the Gaming Commission erred in approving the gaming license. It also says the casino would take business from existing casinos and have zero net economic impact.

The Gaming Commission initially denied the tribe’s Freedom of Information Law request for the documents, saying they contained “subjective advice and opinion” and are excluded from public scrutiny.

Reilly said the documents mostly contained factual and statistical data, but allowed the subjective opinions to be blacked out before turning over the documents.

The Gaming Commission said it is reviewing Reilly’s ruling and might appeal the decision.

In addition to the Tyre casino, licenses were granted for the Montreign Resort Casino in Thompson, and the Rivers Casino & Resort at Mohawk Harbor in Schenectady.

A fourth proposed casino in the Southern Tier awaits routine regulatory background checks.