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The developer behind a proposed casino in Brockton doubled down on the claim that a competing gaming destination in Taunton may never be constructed, or may be mired by a legal challenge for five years, a decade or even longer.

The Enterprise said Chicago developer Neil Bluhm, who is seeking a license to build a $677.5 million casino at the Brockton Fairgrounds, told the Massachusetts Gaming Commission on Tuesday it would be taking an ill-advised gamble to decide against the Brockton proposal due to fears of market cannibalization because of plans for a Mashpee Wampanoag casino in nearby Taunton.

Bluhm, who is providing funds for a legal challenge against the tribal casino through a lawsuit filed by a group of Taunton citizens, made the remarks during a lengthy, contentious final public hearing for the proposed Brockton casino, before the commission makes a decision at the end of the month. Bluhm urged the-five member commission to read the lawsuit, which states that the U.S. Department of Interior’s decision last year to award the tribe land in trust in Taunton goes against the findings of the 2009 U.S. Supreme Court decision in the Carcieri v. Salazar case, which stated that the benefits of the Indian Reorganization Act of 1934 are limited to tribes that were "now under federal jurisdiction" at the time of the law's passage, along with other reasons.

“You don’t have to be a legal expert to look at the language of that statute, and scratch your head and ask how they came to that conclusion,” said Bluhm, chairman of Rush Street Gaming, the parent company of Mass Gaming and Entertainment.

“The department ignored the plain language of the statute as interpreted by the Supreme Court. ... The department effectively recognized that the tribe was not under federal jurisdiction in 1934. ... But they then tortured the language in the statute to justify an unprecedented decision, which took over five years for the department to make.”

When the lawsuit was filed last month, the Mashpee Wampanoag’s lawyer Arlinda Locklear said the tribe is confident the land-in-trust ruling would stand, and that the U.S. Department of Justice would be able to defending the decision.

“Make no mistake, the lawsuit is a desperate attempt by Mr. Bluhm to force the Massachusetts Gaming Commission to approve their plans for a casino in Brockton,” said Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell in a recent statement.

Tuesday’s public input meeting lasted about four hours and 20 minutes and drew hundreds of people on both sides of the Brockton casino issue, who wanted to get in their last words before the state commission is expected to make a decision on March 31.

At times the public input meeting got heated, with one man shouting out during the middle of the developer’s presentation. “Screw this casino,” yelled Robert Golka. Another Brockton man, Christopher Lovetere, was also warned by police after speaking as Bluhm gave his presentation.

During a speech by Brockton City Council President Timothy Cruise, stating that the public decided in favor of the casino, there was simultaneous clapping and booing. Brockton voters approved the casino proposal by just a 143-vote margin during a referendum vote in May last year.

“Alright folks, please,” said Massachusetts Gaming Commission Chairman Stephen Crosby, shushing the crowd. “I’m speaking to both sides. Let’s keep this down.”

Cruise and Brockton Mayor Bill Carpenter appealed to the commission to sympathize with the economic plight of Brockton, as the city serves a disproportionate amount of homeless students, with high unemployment particularly among the immigrant population, with the community still reeling from the flight of manufacturing jobs during its recent history. Cruise said the money that would come from the casino, including $10 million in annual host community mitigation payments, would help ease the pain as the new budget of Governor Charlie Baker is going to “crucify” city schools.

“I’m here to beg you to approve this license,” Cruise said. “I don’t know that we can wait much longer.

Cruise said that most of the people against the casino are against gambling in general, but that the moral question was not in the purview of the state commission.

Cruise said that with the Wynn casino dealing with a court case and the Springfield casino proposal stalled for another year, the Brockton casino would open in spring of 2019 or earlier to help inject needed money into the state faster.
“This project is ready to go,” Cruise said.

Carpenter said the 1,800 permanent jobs the casino would bring are crucial to Brockton families. Carpenter said “we are no longer The Shoe City” and that the Belmont Street Corridor near the Brockton Fairgrounds is key in the community’s 10-year economic development plan.

“A destination resort casino, surrounded by an entertainment district, will transform the image of Brockton from a city to drive through, to a city to drive to,” Carpenter said.

“Why would we invite an industry with known foreseeable challenges to our city to burden us with things that we are not even accustomed to?” said Barnes, adding that she is not against gambling in general. “Why would we bring that here to further burden our system. We can’t support that. ... Brockton is not a casino town.”