Casino complaint denied Judge finds no merit in injunction request

ALFRED – A judge ruled Monday that a group seeking to sidetrack plans for an Indian casino in southern Maine went too far when it sought an injunction to block supporters from pushing ahead with a statewide referendum on the issue.

Superior Court Justice G. Arthur Brennan concluded that the complaint by Casinos No for injunctive relief had no legal merit and that the Penobscot and Passamaquoddy tribes may seek recovery of legal fees incurred in defense of the request.

Casinos No spokesman Dennis Bailey said Brennan’s ruling was not unexpected and that the key issue about the wording of the referendum question to allow the casino remains unresolved.

The tribes had characterized the claim for injunctive relief as a SLAPP suit – short for Strategic Lawsuit Against Public Participation – that was designed to impede or punish the exercise of constitutional rights, and the judge indicated that he agreed.

“The plaintiffs’ decision to seek the rather extraordinary remedy of injunctive relief would appear to have been designed to derail the referendum process rather than to vindicate their legal claims with respect to the formulation of the question,” Brennan wrote.

Tribal leaders last month submitted to the Secretary of State’s Office what they said were petitions containing 55,000 voter signatures, or nearly 5,000 more than the number needed to force the casino issue onto the November ballot.

Bailey said his group was prepared to challenge the wording of the referendum question if and when the state finds that the tribes’ petitions are valid.

“We believe the question is misleading and unfair in its present form,” he said. “There’s too much spin in it.”

Erin Lehane, spokeswoman for casino supporters, applauded Brennan’s opinion, saying it affirmed that the approach taken by opponents is unacceptable.

“This was a dirty trick,” she said. “The tribes are deeply gratified that Judge Brennan recognized Casino No’s tactics as unlawful.”

Fred Moore, the Passamaquoddy tribal representative in the state Legislature, said the judge agreed with the tribe’s position that the lawsuit was “a waste of everybody’s time and resources. It was just meant to be another obstacle and the judge rejected it.”

He also charged that the same people who backed the lawsuit were behind legislation to stop the tribe’s efforts.

Moore said legislation has been introduced that would require neighboring towns within a certain radius of the host community to approve construction of a casino, should Maine voters pass the referendum.

“Another bill is to require the operators of a casino to pay for infrastructure upgrades within, I think, a 25-mile radius,” he said. “The same persons that entered into this foolish endeavor trying to deny us our rights under the Constitution are requesting this legislation.”

Bangor Daily News reporter Diana Graettinger contributed to this report.