A casino project in the U.S. state of Maine has been delayed indefinitely due to government bureaucracy, convoluted regulations and the objection of a competitor. Basically, it’s exactly the kind of thing you expect to happen.
Edward MacColl, a lawyer representing Scarborough Downs is challenging the proposed location of a new Oxford casino. The proposed casino would be run by Black Bear Entertainment, a competitor of Scarborough Downs. MacColl told the Maine Gambling Control Board telling that they can’t approve of Black Bear’s casino because the location would violate state law.
A law passed in 2004 prohibits a casino being built within 100 miles of an existing gambling facility, such as another casino, a slot parlor or a race track. According to MacColl, the proposed site for the new Black Bear casino is only 94 miles from Hollywood Slots in Bangor, Maine. MacColl is measuring using a straight line, but representatives from Black Bear Entertainment don’t agree with his as-the-crow-flies measurement. They say that the site is legal because, when traveling by common roads, the site is 125 miles from Hollywood Slots.
The dispute comes from the fact that (surprise, surprise) the law as it is written is unclear on how that distance is measured. According to MacColl, such measurements are usually done by a radius. According to Daniel Walker, a lawyer representing Black Bear Entertainment, “if they didn’t say radial miles, they must have meant road miles.”
To make matters even more convoluted, it appears that Scarborough Downs is also trying to circumvent that same law. They have proposed a location in Oxford that could not exist if Black Bear’s casino is built, because the two would be too close together. However, they are also proposing building a racino in Biddeford, Maine. If either the Black Bear casino or the Scarborough Downs casino is built in Oxford, that would be too close to also build the racino in Biddeford.
Oh, and there’s another regulatory hurdle. The proposed racino in Biddeford would be 11 miles away from the current racetrack. That same 2004 law says that the racetracks cannot be moved more than 5 miles in order to be converted into a racino.
Peter Martin, a spokesman for Black Bear Entertainment, says that he doesn’t believe Scarborough Downs even has a proposed casino site in Oxford. He believes it is all a bluff in an attempt to stop their project. “Is he (MacColl) saying to the Biddeford people that, at the moment, he’s ready to abandon the Biddeford referendum and try to find a site in Oxford County to apply up there?” he asked. “Is he applying for two now?”
John Morris, Commissioner of the Maine Department of Public Safety, told the board that “the governor and governor’s office interpret mileage in this law to mean road miles.” The Gambling Control Board has decided that more research must be conducted before they vote on the issue. On Friday, they plan to meet at the Maine Department of Public Safety offices to determine which measurement, road miles or radial miles, should be used.
Tags: Black Bear Entertainment, casino expansion, Maine casino, Scarborough Downs