Will Massachusetts Reopen Brockton Casino Bid?

The Massachusetts Gaming Commission has adopted a “sit tight” attitude about a license for Region C while the Mashpee Wampanoag Tribe appeals a judgment that has shut down its efforts to build a casino in Taunton. How long will the commission wait before reopening bids for a license to serve that region? George Carney (l.) wants a license for Brockton and his Raynham Park dog track.

With the Mashpee Wampanoag tribe’s Taunton casino still at a standstill due to a federal court ruling earlier this year, there is revived interest in a commercial casino proposal for the Brockton Fairgrounds that was rejected last spring by the Massachusetts Gaming Commission.

The proposal was put forward by developer Neil Bluhm of Rush Street Gaming for the fairgrounds, who at the time argued that his casino could be up and running long before the tribe could get into motion—and that the tribe faced daunting legal challenges.

Brockton Fairground owner George Carney last week told the Enterprise News, “I still think Brockton has a great chance of getting licensed.” The fairgrounds suffered a nearly mortal blow in 2010 when the voters approved of a ban on dog racing, effectively killing the 70-year-old Raynham Park greyhound track that had operated there. A casino would be its savior.

Carney put his hopes in the $677 million proposal for a Brockton casino, which the commission voted 4-1 to reject in favor of allowing the Taunton First Light Casino & Resort to operate without competition in the region, which the commission refers to as “Region C.” However, that casino is looking less and less likely to happen due to a July federal court ruling that the U.S. Department of the Interior erred when it put the land into trust for the tribe.

Carney argues that the tribal casino’s fate could take years of litigation to decide, while the developer who wants to build at Brockton has said he is ready and able to pay the $85 million licensing fee to the state within 30 days of approval.

He told the Enterprise “We’ve got a great location. I have a man that’s got plenty of money. There’s no question about having the ability to invest the money. He’s worth over $20 billion the last time I was told. He owns several casinos. He knows how to run them. All we need is to get three votes out of five. We got one vote the last time.”

That one vote was cast by Commissioner Lloyd Macdonald, who several weeks ago told a public meeting called the southeastern part of the state “dead in the water” economically due to the uncertainty about the Mashpee casino.

Recently he told fellow commissioners: “I hope that once the legal landscape is further clarified … that we diligently respond to the interests of that region to get the economic and workforce development benefits of operating a casino there, tribal or otherwise.”

Bluhm was not a bystander when it came to the legal challenge that has derailed the tribal casino, at least for the moment. He helped fund the lawsuit filed in February by over two dozen residents that came to a head in July when Judge William G. Young ruled that the federal government violated the 2009 Carcieri v. Salazar decision of the U.S. Supreme Court, which says that tribes recognized after 1934 can’t put land into trust. The Mashpees were recognized in 2009. The Bureau of Indian Affairs had addressed this obvious issue by arguing that the tribe’s longstanding history of interaction with the state and even the British crown, which goes back to when members of the tribe are said to have greeted the Pilgrims when they landed, trumped the issue of federal recognition. The judge disagreed.

So far the majority of the board, as typified by Chairman Stephen Crosby, have opted to “sit tight” and let the legal process play out. But he has acknowledged that the panel is getting tense and that as long as it waits the region is losing out on any of the benefits of gaming.

“There’s absolutely an argument for trying to make something happen in Region C,” he said recently. “We can re-open this at any time.”

The city of Brockton is also watching and waiting. It’s mayor, Bill Carpenter, notes that the city hasn’t yet formally requested a rehearing from the commission, but agreed that he and others are closely watching developments. He told the Enterprise News: “It’s fair to say we’re continuing to follow developments with a great deal of interest.”

MGM Springfield

Traffic should begin easing in Springfield’s South End, where MGM is building the $950 MGM Springfield, with the reopening of Lower Union Street, which construction had closed for several months.

Other streets remain permanently closed as the project continues to progress. MGM is continuing to install water, sewer, gas and telephone lines to serve the casino resort, which encompasses a three block area contained within Union Street, Main Street, State Street and East Columbus Avenue.

That will include 850,000 square feet of residential, restaurants, retail shops, the hotel and, of course, the casino.

At the same time the seven story, 3,400 space parking garage has reached its terminal height while the steel girders of the hotel will continue to rise for some time to come.

Two weeks ago the city council approved of MGM installing six signs on the parking structure.

The city is counting on the project and the casino of being a dynamic engine of economic growth, creating at least 2,000 construction jobs and 3,000 permanent jobs.

Wynn Boston Harbor

The Massachusetts Gaming Commission last week gave the final design approval for the Wynn Boston Harbor, a $2.1 billion casino resort that will be built in Everett, on the shores of the Mystic River.

This is the last step before actual construction begins. “Congratulations. It’s very exciting,” Gaming Commission Chairman Stephen Crosby told representatives of the gaming developer. Wynn is aiming for an opening date of June 3, 2019.