SARATOGA SPRINGS, NY, June 24, 2010--This community dodged a bullet recently when the New York Racing Association was extended a state loan against future VLT revenue, the absence of which would have resulted in shuttering the tracks for lack of funds.

Of course, it was not a bailout, but money they had coming from New York State in the exchange for turning over the deeds to their three racetrack properties, the terms for which spelled out clearly in the franchise agreement of 2008.

Meanwhile, Saratoga Gaming & Raceway, a.k.a. “the harness track,” a highly successful venue since VLTs transformed the property into a regional and destination attraction, is facing a threat from without, the construction of a full-scale casino in the Berkshires of Western Massachusetts.

Saratoga Springs is located about 40 minutes to the north by car via Northway Route 87 from the state capital; the Berkshires are a little farther in another direction but is easily accessible via I-90 East from Albany.

The larger issue is that while Saratoga has close to 1,800 VLTs, Massachusetts would offer a full complement of table games.

"I'll see your big apple and raise you two oranges."

The highly successful Connecticut-based Mohegan Sun is mindful of a threat to its own operations, electing to get into Massachusetts gaming on the ground floor by building a casino near Springfield, one of three slated for the Bay State.

While there was some discussion at to when New York State might establish full-scale casino operations, there wasn’t a lot of confidence expressed at this week’s New York Gaming Summit that it would happen anytime soon.

New York legislators have not even written statutes permitting electronic table games, saying that since existing laws do not expressly forbid it, operators could proceed as they wish. However, gaming operators have been reticent to invest in any project on the basis of tacit approval.

An expansion of full scale gaming can’t happen until an amendment is written into the state constitution, a long, arduous and multi-layered process. So, until a Constitutional Convention is called, that won’t happen anytime soon, either.

At present, Senator Charles Schumer and State Attorney General Andrew Cuomo, the odds-on favorite to be New York’s next Governor, seem to favor expanded gaming.

Schumer has publicly made comments in support of casinos for the Catskills region while Cuomo, in a 237-page position paper, stated that he wants a comprehensive review of how all gaming in the state is conducted.

While New York needs to collect vast revenue to close its enormous budget gap by any means necessary, the audience at the recent New York Gaming Summit were told not to have confidence that expanded gaming would happen in the near future.

While full scale casino operations are perceived to be a relatively harmless way to collect badly needed revenue without burdening all of the state’s citizenry, Gaming Summit attendees were warned that economics wasn’t the only consideration with respect to expansion.

James Featherstonhaugh, a high powered, corporate litigator and partner in the Albany Law firm of Featherstonhaugh, Wiley and Clyne, LLP, was instrumental in the adoption of the state’s racino legislation and is part owner of Saratoga Gaming & Raceway.

At Tuesday’s conference, Featherstonhaugh counseled that competition among gaming operators was fierce, and that policy issues and morality were also considerations. In other words, politics would decide whether or not expanded gaming would happen in New York.

“I think there are going to be some major changes in the way gaming is looked at,” Featherstonhaugh said during the Politics and the Law segment. "The next governor wants to make a comprehensive review of gaming as a whole, including possibly a constitutional convention that could lead to full-scale casinos.”

While New York dithers about what it wants to do, Pennsylvania will introduce full table games next month and voters in Maine will decide on casinos via referendum this November.

But for New York, and especially Saratoga Gaming & Raceway, the threat is more menacing. When Massachusetts comes on line, it will be able to offer not only a full compliment of gaming but can spend more on its customers via player rewards programs.

Why? Because the tax rate in Massachusetts for a full-scale casino is 25 percent compared to New York’s 50 percent rate on video lottery terminals. In the long run, which state would be in the best position to succeed?