Residents of Queens have revived a lawsuit against the New York State Gaming Commission regarding the authorization of a casino license for the Metropolitan Park initiative.
The plaintiffs are looking to refile their case as soon as Friday, following its dismissal in late March. They plan to present a motion to challenge the prior ruling, asserting that their initial filing in New York County was legitimate as the Gaming Commission made its decision there. A simultaneous filing is anticipated in Queens County.
The initial lawsuit contested the license awarded to Queens Future LLC, the development consortium behind the $8 billion casino concept spearheaded by Mets owner Steve Cohen and Hard Rock International.
On March 27, Judge Nicholas W. Moyne dismissed the lawsuit, citing that it had been improperly filed in the wrong jurisdiction. He subsequently recused himself, mentioning “a tangential social relationship with a member of the respondent” that could “create the perception of bias.”
Petitioners assert that the dismissal was erroneous under state law and are pursuing to reopen the case through a new application and legal motions.
Concerns Raised About Hearing Processes
Central to the case are claims regarding the public hearing procedures linked to the license approval.
Court documents argue that the hearings held last September restricted opportunities for dissenters to voice their opinions, curtailed speaking durations, and failed to provide sufficient language access for non-English speakers or those with job commitments.
The lawsuit also points to possible conflicts of interest among members of the Community Advisory Committee. It contends that the Gaming Commission did not uphold the integrity of casino sponsors as per legal demands.
Project Representatives Emphasize Community Support
Karl Richett, a spokesperson for Metropolitan Park, stated that the initiative underwent an “unprecedented and transparent approval process with substantial backing.”
He noted that the proposal garnered 89% approval from various government levels, including six Queens community boards, the Queens borough president, and city and state legislators.
Richett expressed that the project met public input standards. The Community Advisory Committee hearings featured 127 speakers, which he claimed surpassed participation seen in other sanctioned casino endeavors. He further mentioned that during both hearings last September, the majority of speakers were in favor, with approximately 85% supporting the proposal in one session.
Residents Highlight Access and Awareness Issues
Opponents challenge this portrayal. Bernadette McCrann, a Flushing resident and lead petitioner, remarked on problems she witnessed during the second Community Advisory Committee session on September 16.
She mentioned early lineup formations that enabled proponents of the proposed casino to secure speaking slots ahead of others. Additionally, she noted that updated hearing information was not consistently shared in languages other than English.
“Our community is working-class and predominantly immigrant,” McCrann stated. “We are cautious about the repercussions a casino could have on our neighborhood.”
Another petitioner, Jack Hu, mentioned that although he has tracked the project for years, he only became aware of certain Community Advisory Committee hearings after their occurrence.
“I was not informed about the hearings,” Hu stated. “There was minimal effort to determine the genuine opinions of the community.”
Hu indicated that the lawsuit also aims to shed light on what residents perceive as a biased process.
“We merely seek a fair public hearing process,” he declared. “The system was skewed by power, financial influence, and other factors. It’s clear that many within our communities oppose the casino, as polling shows.”
A survey conducted last year by the MinKwon Center for Community Action revealed that 83.5% of Asian American respondents in Flushing claimed they were unaware of or unable to engage in the casino’s Community Advisory Committee process.
The Metropolitan Park project plans to revamp about 50 acres near Citi Field into a mixed-use complex that will encompass a casino, hotels, and entertainment venues. Since its announcement in 2023, the initiative has faced resistance from some locals who express concerns regarding land utilization, social ramifications, and overall community effects.
In spite of these challenges, the Gaming Commission unanimously approved the license in December.