A State Supreme Court judge struck down a suit that sought to change the language on an upcoming November ballot measure expanding legalized gambling in New York. The New York Times is reporting that Judge Richard Platkin ruled that the case was “lacking in legal merit.”
Earlier in the month, we reported that the New York Public Interest Research Group (NYPIRG) joined the legal fight to block the ballot. The fight was spearheaded by Brooklyn-based bankruptcy lawyer Eric Synder. Synder, NYPIRG and other groups had argued that the language surrounding the casino ballot measure was biased, presenting the issue as a no-brainer for voters, promising jobs and economic growth. The Times explained why Judge Platkin ruled against Synder:
In dismissing the case, though, Justice Platkin said Mr. Snyder’s suit, filed on Oct. 1, had come after the statute of limitations for such ballot-language challenges had passed. (Such challenges are limited to a 14-day window after a referendum’s final day to be certified; this year, that deadline was Aug. 19.)
And while Mr. Snyder had argued that he was not aware of the language at that point, and that the Board of Elections did not post the referendum to its Web site until Aug. 23, Justice Platkin seemed unimpressed. “The petition/complaint would still be untimely,” he wrote in his decision.
While the Times reported that Synder was planning to continue his legal battle, Politics on the Hudson reported that Synder is now giving up his fight.
“Unfortunately, I just don’t think the timing is there,” Synder said in a radio interview.
With the ballot language now in place, voters will be presented with a rosy, one-sided pro-gambling message. As we previously reported, a Siena College poll found that support for the ballot increased nine percentage points when shown the controversial language.
Again, it is worth noting that Governor Andrew Cuomo’s campaign has received $361,000 from powerful gambling interests from 2011 to July of 2013 and that politicians in Albany took in over $1 million from the same groups in that time.