Tuesday, September 07, 2004
Indian Giver

Willard Mitt worked only 7 of 22 possible days in August. (source: Boston Globe, 8/21/2004) Who cares? If we had our way, Romney would spend every working day away from Massachusetts.

However, the Fraud Governor's absences do matter if they mean that the business of the Commonwealth is not getting done. And if the Marshfield Fair is any indication of the state of the State, things may be spiraling out of control.

According to someone who was there, the Massachusetts State Lottery had a tent at the Marshfield Field from which they sold lottery products.

According to the General Laws, the Lottery can only sell wagers through tickets. However, at the Marshfield Fair, the Lottery purportedly sold wagers through electronic pull-tab machines.

Electronic wagering machines are illegal in Massachusetts, at both mobbed up fraternal organizations and mobbed up state agencies.

State fairs, like the Marshfield Hoe-Down, are regulated by Willard Mitt's Department of Agricultural Resources.

According to the Department, illegal gaming is not allowed at state regulated fairs.

And while the legal sale of lottery products would not fall under the category of illegal gaming, the state Lottery is not empowered to conduct illegal gaming. And electronic gaming is illegal in Massachusetts (source: MGL, C. 271)

Under the federal Indian Gaming statutes, the Massachusetts-based Wampanoag Indians can operate any gaming enterprise that is legal in Massachusetts. Indian gaming law is convoluted. However, in a nutshell, Indian gaming may be conducted if the state permits similar games (and if the tribe and state enter into a compact to establish a method of regulation.) (source: National Indian Gaming Commission)

The Wampanoag Indians can currently operate pari-mutual racing, keno and Vegas-Night style gambling. However, as electronic Class III gaming is not currently legal in Massachusetts, the tribe may not operate slot machines and, as such, have yet to open an IGRA-sanctioned casino.

Hmmm. Wonder if they've been to the Marshfield Fair?

So what does this have to do with Willard Mitt?


Remember how the Fraud Governor first tried to extort money from regional gambling interests, then backed away from supporting casino gaming in Massachusetts? (source: Boston Herald, 9/24/2003)

Well, if the Marshfield Fair plays out the way it could, Team Reform may have opened the door for Massachusetts casinos.

Question: did Willard Mitt sign special legislation allowing electronic wagering at Massachusetts state fairs? If so, he may have opened the door to Indian gaming.

You see, "pull-tabs are preprinted tickets dispensed from a machine which is loaded with a set number of tickets that give a predetermined number of winners and amount of winnings. This is very similar to bingo where the players 'race' to win first. Because of similarity to bingo, traditional pull-tabs are considered class II games. However, while IGRA does allow technical "aids" to bingo to allow greater numbers of people to play, electronic 'facsimiles' of class II games are class III. Using this 'aid' versus 'facsimile' distinction, the Ninth Circuit Court of Appeals found in Sycuan Band v. Roache (54 F3d 535 (Ninth Cir., 1994) that video pull-tabs are facsimiles and hence class III games." (Insert ominous "oh-oh" music here!)

And if Willard Mitt did not sign special legislation, the machines were illegal (Class III) gaming devices.

Question: did Willard Mitt's Department of Agriculture sanction the state Lottery's use of electronic Class III gaming devices at the Marshfield Fair? If so, why? If not, why were the illegal machines allowed to remain on site, and active?

Question: did Willard Mitt's appointees to the state Lottery Commission vote to sanction the state Lottery's use of electronic Class III gaming devices at the Marshfield Fair? If so, why? If not, are they pushing for an investigation to see who broke Massachusetts law?

Question: where did the state Lottery's electronic Class III gaming devices come from? Who brought them into the state? Were any laws against inter-state transportation of illegal gaming devices broken?

Question: where is Beverly Wright, and how many lawyers is she retaining, and will she be videotaping the Lottery tents at the Big E in West Springfield from September 17 through October 3 and at the Topsfield Fair from October 2 through October 11 to obtain evidence in support of the Wampanoag Tribe's casino?

Question: when is Willard Mitt going on vacation next, and what heretofore illegal activity will be sanctioned during his next hiatus from responsibility?


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