ALBANY — A public advocacy group joined a legal fight Thursday against what it calls the one-sided wording of a referendum aimed at persuading voters to approve Gov. Andrew Cuomo's expansion of casinos.
In a brief for the court, the New York Public Interest Research Group said the final language of the Nov. 5 ballot issue to allow casinos off Indian land should be neutral so that voters can make a decision based on facts, as set out in the state constitution.
Cuomo and legislative leaders added glowing language to the referendum, promising jobs, tax breaks and more school aid, all of which are disputed by some academics and critics. NYPIRG notes in its brief that none of the potential drawbacks from casinos, like crime and gambling addiction, is mentioned.
Cuomo and the Board of Elections, which approved the rewrite by the Cuomo administration and legislative staff, had no immediate comment Thursday. Acting Supreme Court Justice Richard Platkin is to hear arguments Friday.
The Associated Press previously reported that the reworded referendum wasn't posted on the board's website until Aug. 23, after the Aug. 19 deadline to sue. The state will contend in court Friday that Brooklyn lawyer Eric Snyder's lawsuit was filed too late.
The judge could also consider Snyder's contention that the state used public money to advocate for a "yes" vote, which is prohibited by law, and that the referendum was changed by board members in secret, violating the state Open Meetings Law. The board says the decision was made July 29 in public session.
"I think it's interesting that they would expect me or any other voter to bring an action days before anyone knew about it," Snyder said Thursday. "It sounds like the unreasonable delay is their's."
Voters must approve the change for Cuomo's major upstate economic development initiative to go forward. The referendum would approve seven casinos, the first of which would be upstate. Under a new law, even if voters reject the casino question, the state would still build video slot machine "racinos."
NY Jobs Now, created to push for Cuomo's measure, held a press conference Thursday in Albany with local leaders. They cited the Cuomo administration's assertions that 10,000 jobs, including construction jobs, would be created and more than $1 billion would be generated for local and state governments and schools.
"New Yorkers spend more than $1.2 billion a year at destination casinos in other states. It's about time we bring that kind of money home to create jobs, support schools, and take property tax pressure off towns and cities," said Heather Briccetti of the state Business Council. She said she doesn't agree the wording is unbalanced.
Casino interests have made more than $3 million in campaign contributions to Cuomo and key legislators since 2011.
Stephen Shafer of the Coalition Against Casino Gambling in New York says those estimates "amount to very little when divided over all taxpayers … The rosy language of the reworded amendment for the ballot is a brazen effort to bias the vote," he said. "This was a disgrace."
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