Are Casinos Legal in New York: A Comprehensive Overview

In the United States, gambling laws vary from state to state, and New York is no exception. The legality of casinos in New York has been a topic of great debate over the years. This article aims to provide a comprehensive overview of the current state of casino legality in New York, including the history, types of casinos, and the laws governing them.

History of Gambling in New York

Gambling has been a part of New York's history for centuries. Native American tribes have been practicing various forms of gambling for generations. However, when European settlers arrived, they brought with them a new form of gambling: horse racing. In 1864, the first horse race was held in New York, and the sport has been popular ever since.

In the 20th century, the state of New York began to explore other forms of gambling. In 1971, voters approved a constitutional amendment that allowed for the state lottery. The lottery quickly became a popular source of revenue for the state, and it continues to be a significant source of funding for education and other programs.

Types of Casinos in New York

New York currently has two types of casinos: tribal casinos and commercial casinos.

1. Tribal Casinos

Tribal casinos are operated by Native American tribes that have entered into compacts with the state. These casinos are subject to federal law, which allows tribes to offer certain forms of gambling on their reservations. In New York, tribal casinos can offer slot machines, table games, and poker.

2. Commercial Casinos

Commercial casinos are privately owned and operated. They are subject to state and local laws, which limit the types of gambling they can offer. In New York, commercial casinos are limited to slot machines and video lottery terminals (VLTs).

Laws Governing Casinos in New York

The legality of casinos in New York is governed by a combination of state and federal laws. Here are some of the key laws that apply:

1. Federal Law

The Indian Gaming Regulatory Act (IGRA) of 1988 is the primary federal law governing tribal casinos. IGRA allows tribes to offer certain forms of gambling on their reservations if they enter into a compact with the state. The compact must be approved by both the state and the tribe, and it outlines the types of gambling that can be offered and the revenue-sharing arrangement.

2. State Law

New York state law also governs the operation of casinos. The New York State Gaming Commission (NYSGC) is responsible for regulating the state's gambling industry. The NYSGC issues licenses to casinos and ensures that they comply with state laws.

3. Local Laws

Local governments also have the authority to regulate casinos within their jurisdictions. Some localities have passed ordinances that restrict or ban casino gambling.

Problems with Casino Legality in New York

Despite the legal framework in place, there are several issues related to casino legality in New York:

1. Conflict of Interest

The process of approving casino compacts and licenses has been criticized for being subject to conflict of interest. Some have argued that the close relationship between the state and tribes has led to decisions that favor the tribes over the public interest.

2. Problem Gambling

Problem gambling is a significant concern in New York, particularly in areas near casinos. Some communities have expressed concerns about the potential for increased gambling addiction and related social problems.

3. Competition with Native American Tribes

Commercial casinos have expressed concerns about the competitive advantage that tribal casinos have under IGRA. Some argue that the lower tax rates and less stringent regulations for tribal casinos give them an unfair advantage.

5 Questions and Answers

1. Question: Can Native American tribes operate casinos in New York without entering into a compact with the state?

Answer: No, Native American tribes must enter into a compact with the state under the Indian Gaming Regulatory Act in order to operate casinos on their reservations.

2. Question: Are commercial casinos allowed to offer table games in New York?

Answer: No, commercial casinos in New York are limited to slot machines and video lottery terminals (VLTs). Table games are not permitted.

3. Question: Who regulates the gambling industry in New York?

Answer: The New York State Gaming Commission (NYSGC) is responsible for regulating the state's gambling industry, including the issuance of licenses and enforcement of state laws.

4. Question: Can local governments ban casinos within their jurisdictions?

Answer: Yes, local governments have the authority to regulate casinos within their jurisdictions, including the ability to ban casinos through ordinances.

5. Question: Are there any plans to expand casino gambling in New York?

Answer: Yes, there have been discussions about expanding casino gambling in New York, including the possibility of adding commercial casinos and allowing tribal casinos to offer more types of gambling. However, any expansion would require approval from the state legislature and the governor.