Legal Question in Constitutional Law in New York

Re: Prosecutorial Discretion

Without the benefit of legal research and without knowing about which specific "illegal" gambling you refer, generally speaking, the American Indians are "nations" with certain autonomy independent of the United States and of the various states. Therefore, casinos on Indian property is lawful.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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Re: Prosecutorial Discretion

The reason no one is prosecuting is that the casinos are legal.

Re: Prosecutorial Discretion

While there is a legitimate question as to whether the casinos violate the NY constitution a legal challenge will probably be deemed a political question that is non-justicable by the courts. Nevertheless, if you can show that you have suffered personal harm as a result of the establishment of casino gambling, you may be able to bring a private lawsuit alleging your injury.

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