Metropolitan Park on line casino opponents sue NYS Gaming Commission, vow to maintain combating after decide dismisses case – QNS

Opponents of the Metropolitan Park on line casino, slated to be constructed on 78 acres of land subsequent to Citi Field in Flushing, filed a lawsuit within the NYS Supreme Court towards the NYS Gaming Commission on March 20 for its Dec. 15 choice to grant gaming licenses to the on line casino crew, amongst two different on line casino bidders — Bally and Resorts World.

The swimsuit costs that the gaming fee unlawfully issued the license to Metropolitan Park, alleging that the gaming fee board knew the general public hearings weren’t performed pretty and in line with the regulation, in addition to failing to think about the ethical character of the candidates — Hard Rock International and Mets proprietor and billionaire Steve Cohen.

According to court documentation, the swimsuit was dismissed by Hon. Nicholas Moyne on March 27, claiming New York County will not be the right venue by which to carry ahead the continuing.

Petitioners, who’re representing themselves within the case, mentioned they filed a Motion to Reargue the decide’s choice the next day, March 28, arguing that it was the right venue. 

If their movement is dismissed once more, petitioners mentioned they’d proceed the combat and search various programs of authorized motion in different courts — doubtlessly submitting a proper enchantment within the state’s appellate court docket.

“We’re not going to be denied our day in court to pursue justice due to a technicality,” mentioned Jack Hu, an anti-casino organizer. “I think the judge is mistaken here.”

During a press convention earlier Wednesday, petitioners mentioned the objective of the lawsuit is to overturn the license by way of an Article 78 continuing, and they’re in search of a brief restraining order to dam any work on the event.

Petitioners, members of the Queens Anti-Casino Coalition and native residents spoke out towards the mission citing considerations over playing dependancy, alienation of public land, Cohen’s ethical character, and what they claimed was an unjust listening to course of.

“Right now, we are taking the opportunity to give voice to the opposition that was intentionally overlooked,” mentioned petitioner Bernadette McCrann. “With this lawsuit, and with statements from my fellow petitioners, we urge the court to do the job the gaming commission had failed. Listen to the people and reverse the casino license.”

A spokesperson for the gaming fee mentioned it had no touch upon the matter.

The Metropolitan Park crew has already begun getting ready for development of the on line casino, which it estimates will probably be accomplished by 2030. 

The land it’s being constructed on was initially designated as public parkland at Flushing Meadows-Corona Park, however was later discontinued by way of the parkland alienation invoice launched and sponsored by state Sen. John Liu final 12 months.

The mission would cowl 18 acres — the identical quantity of land as Manhattan’s Javits Convention Center — and embrace lodge towers of as much as 16- and 25-stories.

Opponents of the on line casino have been protesting towards Metropolitan Park because it was first proposed in 2023, organizing occasions in Queens and Manhattan alongside residents, labor organizations and religion leaders to voice their considerations.

They argue that Flushing’s inhabitants, 70% of which identifies as Asian, are extra inclined to downside playing — an dependancy that destroys households and communities.

According to a 2009 Columbia University study, 2.3 % of Native/Asian Americans are disordered gamblers, which is sort of twice the speed of White Americans, at 1.2 %.

Hu, a lifelong Flushing resident, shared private testimony throughout at present’s press convention, describing his expertise because the little one of a playing addict. 

As a baby, Hu recalled his father taking him and his mom to casinos, the place his father gambled away all his cash.

“I grew up in a childhood that was very chaotic,” Hu mentioned. “ He would leave me in the arcade room with $10 as he went off to gamble. I would play through all of my money and then I would wander around the casino for hours.”

According to Hu, playing dependancy is without doubt one of the predominant explanation why the Flushing neighborhood is towards the on line casino. “We know it will completely destroy it,” he mentioned. 

The on line casino crew, alternatively, argued that the neighborhood was overwhelmingly in assist of the on line casino.

The crew famous that Metropolitan Park’s Community Advisory committee heard from 127 audio system over its two hearings — which was probably the most of any of the three casinos permitted in December — amounting to over 240 minutes of testimony. It added that 85% of these audio system have been in favor of the on line casino.

“With nearly four years of community engagement, over 30 public meetings, and approvals from six community boards, the City Council, the State Legislature, the CAC and the Gaming Commission, Metropolitan Park has undergone one of the most rigorous and transparent public reviews of any project,” a spokesperson for the Metropolitan Park crew wrote to QNS on April 1. “The community has been heard, and their message is clear: they want Metropolitan Park.”

However, opponents argued that the general public listening to course of was tilted in favor of the on line casino crew, leaving many of the different attendees unable to testify towards the on line casino earlier than the CAC.

While there have been many audio system, petitioners mentioned the hearings themselves have been considerably shorter than hearings held for different on line casino proposals on the whole.

According to proof submitted by the petitioners, many hearings for on line casino proposals throughout the town — permitted or not — have been scheduled for not less than 4 hours, with one CAC listening to in Times Square for a Caesars Palace on line casino lasting from 10 a.m. to five p.m.

The Sept. 16 listening to at Queens Borough Hall was shortened from three hours to 2, opponents identified, claiming there have been conflicting notices on the listening to’s time.

They mentioned the committee’s chair, Assemblymember Larinda Hooks, who helps the on line casino, was chargeable for shortening the listening to. 

Leonard Maniace, a petitioner who attended Wednesday’s press convention, mentioned he confirmed as much as the Sept. 16 listening to round 9:10 a.m. — effectively earlier than the listening to was scheduled to start at 10 a.m. — a line of about 50 audio system had already shaped exterior the listening to room.

Maniace mentioned he was stunned he and others have been let in so early as a result of a discover despatched out by way of e-mail by the gaming fee instructed attendees to not arrive earlier than 9:30 a.m. 

“This was apparently a ruse to stack the speaker’s list with casino supporters,” Maniace alleged.

The assembly was initially scheduled to run for 3 hours, from 10 a.m. to 1 p.m., he mentioned, however was minimize quick at 12 p.m. after simply two hours, as corroborated by the up to date discover on the Gaming Facility Location Board’s website.

At that time, 54 audio system had testified, 43 of which have been in assist of the on line casino. Only 4 of the primary 35 audio system have been towards the on line casino.

Everyone else after the speaker 54, Maniace mentioned, was despatched dwelling with out time to testify.

“Rather than attempting to elicit a range of views, they turned the public hearing process into a sham,” he mentioned. “I was not permitted to detail how this mammoth casino complex would diminish the lives of the people of Queens — both current residents and future generations.”

Casino opponents mentioned Hooks mustn’t have chaired the CAC’s two hearings, claiming a battle of curiosity. 

In 2024, Cohen offered an inflow of $250,000 to the Laborers Building a Better New York, a brilliant PAC that supported Hooks’ marketing campaign within the Democratic main for Assembly District 35, which she received towards on line casino opponent Hiram Monserrate.

Opponents additionally mentioned the gaming license granted to Cohen and the Hard Rock crew poses severe moral points on account of earlier monetary scandals.

In 2014, Cohen’s hedge fund, SAC Capital Advisors, pleaded guilty in the nation’s biggest insider-trading scandal and was fined $1.8 billion.

While the Metropolitan Park crew has emphasised that Cohen himself was not charged with any wrongdoing, a separate civil motion barred Cohen from managing purchasers’ funds for 2 years. 

Last August, Hard Rock fired Alex Pariente, its senior vp for Hotel and Casino Operations, following an inner investigation of costs that included money-laundering practices.

“The committee failed to consider the lack of integrity, honesty, character and reputation of its applicants,” McCrann mentioned. “Not only does this signal a breach of law and the flawed casino licensing process, but it exposes the commission’s disregard for the livelihood of the public it’s meant to serve.”

For now, petitioners mentioned they’re trying ahead to being heard by the court docket, whether or not their Motion to Reargue is dismissed or not.

“You do not need to be a genius to know how dangerous this reckless development is for our public land and our livelihoods,” mentioned on line casino opponent Kara Fan. “Today, individuals from Queens neighborhoods that will be most impacted are courageously standing up to this entrenched system — even without a lawyer — to make their voices heard.”