Suffolk Downs

Horse sprint out of the gate at Suffolk Downs in East Boston.

(Jack Marion Flickr/Creative Commons)

BOSTON -- The city of Revere and a union representing Suffolk Downs employees filed a lawsuit against the Massachusetts Gaming Commission on Thursday over the awarding of the lone eastern Massachusetts casino license.

The lawsuit contends that the commission "acted arbitrarily and capriciously, abused its discretion, violated provisions of the Gaming Act, gave Wynn unequal (and better) treatment than other gaming applicants, and treated other applicants unfairly and inequitably" when they awarded a casino license to Wynn Resorts for a planned casino in Everett.

The goal of the lawsuit filed by Revere and IBEW Local 103 is to vacate the commission's decision to award the casino license to Wynn.

The union represents 145 workers at the horse track that are expected to be out of a job later this fall when the track closes at the end of simulcasting season.

"There are a number of troubling and alarming failures by the Gaming Commission that raise serious questions about the entire process of awarding the Region A license," said Revere Mayor Dan Rizzo in a statement.

The lawsuit contends that the commission violated the state's open meeting law, allowed Wynn to ignore numerous conditions required by the license, and was unfairly slanted in favor of the Everett proposal.

"We represent 145 decent, hardworking people who are facing uncertainty and severe hardship as a result of a flawed process and flawed decision by the Gaming Commission. These people deserve every consideration that we can provide them under the law and we're going to keep working on their behalf," said John Dumas, Business Manager of IBEW Local 103, in an emailed statement.

The commission awarded the casino license to Wynn over a proposed Mohegan Sun resort casino at Suffolk Downs in September.

"This latest effort is yet another manifestation of disappointment from invested parties after a lengthy evaluation and public deliberation process that was based solely on the merits of competing proposals. We are confident that this complex licensing process has been executed in a manner that is comprehensive, thoughtful and fair, albeit unsatisfactory and disappointing to those who had hoped for a different outcome," said Hank Shafran,

Interim Director of Communications for the commission.

The commission has faced harsh criticism from multiple corners in the aftermath of their decision to award the license to Wynn over Mohegan Sun.

Boston Mayor Martin J. Walsh, a fierce critic of the commission and to a lesser extent Wynn, declined to comment directly on the lawsuit, though he did note the city is not involved in it.

"The mayor has clearly expressed his concerns around the process, most recently outlining them in a letter and lengthy chronology," said Walsh Press Secretary Kate Norton in an emailed statement.

The lawsuit addresses Boston's treatment by the commission and contends that the Wynn proposal ignores their concerns about the project's affect on Sullivan Square in Charlestown.

Mohegan Sun officials said in a statement that they welcome the legal action by Revere and Suffolk Downs employees.

Suffolk Downs Chief Operating Officer Chip Tuttle was more forceful in his comments on the commission.

"The complaint filed today by the City of Revere and IBEW 103 is indicative of a pattern by the Gaming Commission of lowering its standards, subverting the intent of the gaming law and contorting the process for the benefit of the Wynn Everett applicant. The people who work here are facing significant hardship as a result of this," said Tuttle in a statement.

Suffolk Downs recently asked the commission to reconsider awarding the license to Wynn because of recent developments.

Wynn Resorts declined to comment on the lawsuit.

Suffolk Downs Lawsuit