Lawmaker sues Fitial for vetoing local Saipan casino bill

A member of the Saipan and Northern Islands Local Delegation is suing Gov. Benigno R. Fitial in Superior Court for vetoing a local law that would have legalized casino gambling on Saipan.

In a petition filed Friday, Rep. Joseph M. Palacios (R-Saipan) wants declaratory relief that House Local Bill 17-44, as enacted by the delegation, is a Commonwealth law.

“The action of declaratory relief seeks the court to declare that HLB 17-44 was passed in a valid manner and declare that a local law enacted by the Third Senatorial District is within the body of Commonwealth law,” Palacios’ Superior Court filing reads.

Palacios’ lawsuit also wants the court to declare that HLB 17-44 was properly introduced and passed with authority as a valid act of legislation.

Palacios is chairman of the delegation’s Committee on Judicial and Governmental Operations.

Press secretary Angel Demapan immediately came to the defense of the governor when Fitial thumbed down the proposed Saipan casino bill on Oct. 6.

“Gov. Fitial stands by his decision to veto the local casino bill based on the issue of its constitutionality. It’s rather unfortunate that the issue has been taken to the courts despite the understanding that the administration stood ready to entertain a casino bill in the form of a House bill,” he said in an email to the Saipan Tribune.

Demapan pointed out that the Fitial administration has been consistent in supporting a profitable casino industry that would stimulate the islands’ economy and create more jobs for its people.

“Focusing our resources on getting a quality bill to passed by both houses would probably be a better direction to take than to litigate a constitutional issue that is already apparent,” he said.

In rejecting HLB 17-44 earlier last month, Fitial, a delegate to the First Northern Marianas Constitutional Convention, said the measure was “irregularly introduced and passed without authority and is invalid on this basis.”

HLB 17-44, CS1, D5 explicitly proposes a Commonwealth law to legalize casino gambling by exempting the Third Senatorial District, or Saipan, from the Commonwealth-wide prohibition on gambling, Fitial said. By its terms, and as a matter of law, the Saipan Casino Act is Commonwealth law, he added.

The governor said that HLB 17-44 was introduced and passed as a local bill but purports to establish Commonwealth law. He said Article 21 of the CNMI Constitution permits gaming to be established by Commonwealth law, but this means by a regular act of both houses of the Legislature.