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    Saturday, May 11, 2024

    Calling MGM's bluff

    Connecticut Attorney General George Jepsen has again demonstrated that he can effectively represent the state’s legal interests without turning every lawsuit or filing of a brief into a media event.

    The latest case in point is the attorney general’s deft response to the lawsuit filed by MGM Resorts as it seeks to block the prospects of more competition from Connecticut for its planned casino in Springfield, Mass.

    Recall that in the last legislative session the General Assembly passed a law that would allow the Mashantucket Pequot and Mohegan tribes that operate the existing casinos in the state — Foxwoods Resort Casino and Mohegan Sun Casino — to cooperatively negotiate about opening a jointly operated third casino.

    It empowers the tribes to negotiate to find a location and a willing host community. At that point, the tribes could return to the General Assembly to seek passage of law to operate the new casino off reservation land.

    The intent is no secret. Build a third casino north of Hartford and it could choke off some of the business from the greater Hartford area that would otherwise head to the planned MGM casino in Springfield, preserving jobs and business for Connecticut.

    In its lawsuit, MGM cries foul, arguing that providing any special privilege to the tribes violates the U.S. Constitution’s equal protection clause and the spirit of the Indian Gaming Act, which allows casinos to operate on federally recognized reservations, as a means of boosting commerce on tribal lands.

    In seeking to dismiss the federal lawsuit, the attorney general contends that MGM is equally free to bring a proposal to the legislature for operating a Connecticut casino. But as of now, MGM is not aggrieved, contends the motion to dismiss. MGM has not tried to pursue a casino in Connecticut and been rejected. Until and unless that happens, MGM has no standing to sue, argues the motion to dismiss.

    In calling MGM’s bluff, Attorney General Jepsen recognizes that the gaming giant is holding a bad hand. Its deal with Springfield prohibits it from building another casino within a 50-mile radius of that city. That includes most of Connecticut.

    Unlike his predecessor, former attorney general and now U.S. Sen. Richard Blumenthal, Mr. Jepsen seldom sees fit to trumpet his efforts via press conferences, but instead lets his legal fight tell the story. The story this motion to dismiss tells is that MGM’s legal fight is in trouble.

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