People Against a Casino Town
News from PACT

Florence casino opponents continue legal battle

The Big Question: "How is it in a state whose constitution says "no casinos,"
the Governor keeps signing compacts to site casinos?"


NEWS RELEASE

April 19, 2006

PACT's attorney, Kelly Clark recently announced, "We are back in the fight.  Now that the Court of Appeals has reactivated our case, we will be briefing and arguing the mandamus there, on our way to the Oregon Supreme Court."  According to Kelly, "Now that the US District Court has told us that our attempts to have the casino invalidated cannot be heard under federal law because of Tribal Immunity, we have all the ammunition we need to convince the state courts that we "have no adequate remedy at law," which is the pre-requisite to having a petition for mandamus -- a request that the courts order an executive official, in this case the Governor, to do his job -- considered by the state courts.  PACT supporters may recall that our initial effort before the Oregon Supreme Court to have the mandamus heard was rejected, apparently because the Court believed that we had "adequate remedies at law."  Well now we can show them that, according to the US District Court, there is no adequate remedy at law."
 
Kelly says the group remains hopeful that, "finally, we can get our claims heard on the merits."  Kelly said he still remained curious, and determined, to find out what the state Supreme Court will say to the group's "Big Question: 'How is it in a state whose constitution says "no casinos," the Governor keeps signing compacts to site casinos?' 

For all the hoopla and pettifogging from the Governor's lawyers at the Department of Justice, no court still has ever ruled on the merits of our Very Simple Question.  I surmise that the Governor and the DOJ remain afraid of that Big Question. And they should be."

Stay tuned for further developments.

For more information, contact:
Kelly W. Clark
O'Donnell and Clark, LLP
1650 NW Naito Parkway, Suite 302
Portland, Oregon  97209
503-306-0224

Also see:

The Constitutional provision upon which the lawsuit is based states:
“The Legislative Assembly has no power to authorize, and shall prohibit, casinos from operation in the State of Oregon.”  Constitution of Oregon, Article XV, Section 4(12)

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