The Complex Case of the 10th Casino License — Clifford Law Offices
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The Complex Case of the 10th Casino License

Chicago Tribune, Editorials Section, Voice of the People, 12/29/2005
By Robert A. Clifford

Disappointment and frustration are two words that best describe my reaction to the Tribune’s editorial position on Emerald Casino ("Protecting the people of Illinois," Dec. 22). But my disappointment and frustration stem not from its scathing words but rather from its refusal to print the other side.

I am the attorney for Emerald Casino.

Several times I have submitted letters to the editor in response to the Tribune’s editorials, offering a responsible debate on a subject that the people of this state deserve to hear.

But repeatedly the Tribune has refused to allow the people to hear the facts from Emerald Casino’s standpoint.

A newspaper as large and a powerful as the Tribune should not be afraid of criticism.

It should not be fearful of allowing other viewpoints.

The people of this state have a right to know that 10 licenses need to be working for them as the legislature intended. Whether one is for or against gambling in this state, whether or not Rosemont is selected as the ultimate site fo that 10th license, the Gaming board cannot just strip Emerald of its due process and constitutional rights.

Shareholders made an investment in a legitimate business enterprise. Minority shareholders were allowed to participate in the gaming process. These shareholders included former Bears great Shaun Gayle; Chaz Ebert, wife of Sun-Times film critic Roger Ebert; and Connie Payton, widow of Chicago Bears great Walter Payton. They were assured by the Gaming Board that it was conducting a proper investigation into Emerald and the relocation of the 10th license. Instead the board has denied the application of its own rules.

Certainly the Gaming Board’s work was thorough. Thousands of man-hours went into finding that there was some allegedly illicit activity. But rather than disassociate those people from the process, as it has done in the past when questionable investors arose, it has chosen to reverse its own decision to place the license in Rosemont and completely strip the license from those who paid for it.

The Seventh Circuit Court of Appeals sitting in Chicago has decided that it wants to hear from all sides. Unlike the editorial board at the Tribune, the court wants to hear all of the facts before deciding the matter that is pending in federal bankruptcy court. That process as well was overseen by the Gaming Board and the attorney general, who approved the sale of the license.

The about-face in the matter certainly is politically charged, but somehow these officials have to rise above the rhetoric and do what is right.

They have to think of all of the rights of all of the people involved in this complex litigation.

That includes the taxpayers of this state who are losing a million dollars a day when the 10th license is not working and that also includes the investors of Emerald Casino.

The entire process has left me with a renewed value of due process and fundamental fairness in our judicial system.

I have faith that the courts involved will look at the facts and determine what is right, even if it is unpopular.

Robert A. Clifford

Partner

Clifford Law Offices

Chicago