Lawmakers want Foxwoods' request for more time denied

HARRISBURG, Dec. 9 – Several Philadelphia area lawmakers today filed a petition objecting to a request by the owners of the proposed Foxwoods Casino for an extension to have slot machines ready for play.

State Reps. Mike O'Brien, Babette Josephs and Mike McGeehan, and Sens. Lawrence Farnese and Michael Stack, all D-Phila., and Rep. John Taylor, R-Phila., said in a petition to the Pennsylvania Gaming Control Board that Foxwoods should not be rewarded for its inability to do what other casinos across the state have been able to do – get their slot machines up and running according to law.

The lawmakers said the gaming board made clear following a hearing in August that it wanted Foxwoods to build its facility as originally approved in December 2006. Foxwoods was to have a plan in place by Oct. 16, engineering and site drawings by Dec. 1, and financing by March 1 of next year.

Rather than meeting those deadlines, the Philadelphia Entertainment and Development Partners LP filed its request for an extension last week, saying in part, the group needed more time to develop its plans in light of pending state legislation to authorize table games at licensed slots facilities.

"The casino industry was not born yesterday, but that's exactly how Foxwoods' partners are acting," O'Brien said. "It is irresponsible at best for the gaming board to abdicate its responsibility to taxpayers so that a failed gaming applicant can wait out the legislative process. Foxwoods was granted a license to operate slots, not table games, and it should not be rewarded for failing to comply with the law."

Farnese agreed, adding that Foxwoods has failed to give the board good reason for its delay.

"Foxwoods has provided no evidence that any outside force, such as community opposition, City Council or legal challenges, has hampered its ability to have slot machines ready for play at a temporary or permanent facility," Farnese said. "It has instead cried about changes in the national credit and financial markets and its inability to bring along investors because of what the General Assembly may or may not do with table games. It's a ridiculous argument and should be denied on its face."

Josephs agreed: "The Gaming Control Board has in the past accommodated licensees when the circumstances were beyond the licensee's control, but this need for an extension is of Foxwoods' own making," Josephs said. "It's unfortunate that Foxwoods is facing difficulties, but they should be held accountable, just the same as the other casinos. The sad reality is that I believe if Foxwoods had cooperated with the community from the beginning instead of coming into the neighborhood like an 800-pound gorilla, the casino probably would be in operation by now."

The legislators said it also is not wise for the board to consider any further extensions given its Bureau of Investigation and Enforcement's current investigation into the awarding of Category 2 licenses.

"The BIE's investigation is being kept secret as it sorts through whether these licenses are appropriate," Farnese said. "Given the seriousness of the questions, it is not in the public's best interest to reward developers for failing to carry their end of the proverbial bargain."

The lawmakers said they would continue to fight Foxwoods' request for an extension and its proposed facility along Columbus Boulevard, which they say is fraught with severe land-use and public safety problems.

"Pennsylvania homeowners want their property tax relief from slots and Philadelphians want their wage tax relief, as promised by law," O'Brien said. "It's time for the gaming board to stop letting Foxwoods guard the hen house. It's time for Foxwoods to move on."

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