CHAIR

NEW YORK STATE ASSEMBLY Committee on Ethics and Guidance

CO-CHAIR
DISTRICT OFFICE: Commission on Legislative Ethics
3 1 - 1 9 N e wt o w n A v e n u e , S u i t e 4 0 1 , A s t o r i a , N Y 1 1 1 0 2
COMMITTEES
(718) 545-3889 ● FAX (718) 545-3607 Energy
Insurance
ALBANY OFFICE: Judiciary
ARAVELLA SIMOTAS
Ways and Means
Assembly Member – 36th District Legislative Office Building, Room 652, Albany, NY 12248
Queens County (518) 455-5014 ● FAX (518) 455-4044

September 25, 2018

Barry Sample, Chair

New York State Gaming Commission
One Broadway Center, Suite 600
Schenectady, NY 12305

Dear Mr. Sample:

I write to express my concern and opposition to the potential acquisition of Empire City
Casino and Yonkers Raceway by MGM Resorts International. In light of MGM’s recent lawsuit
against victims of the mass shooting that occurred on their Las Vegas property last year, I urge
you to reject this company for failing to meet the good moral character qualifications for
licensure in the State of New York.

On October 1, 2017, MGM’s Mandalay Bay Resort and Casino became the site of one of
the deadliest mass shootings in our nation’s history when a gunman opened fire from his room
on the 32nd floor, killing 58 people and injuring hundreds more who were attending a music
festival. Despite its clear failure to provide proper security measures to prevent this horrific
tragedy, MGM has now pre-emptively sued over a thousand victims in federal court in order to
prevent numerous state lawsuits for negligence, and avoid class action certification. MGM is
requesting a declaratory judgment stating that they are immune from liability for the massacre
under the federal Support Antiterrorism by Fostering Effective Technologies Act of 2002,
grossly misusing this law to evade responsibility for permitting a guest to stockpile high-
powered weapons and ammunition in its hotel and open fire on thousands of innocent people.

These victims have already suffered through an unimaginable trauma; it is

unconscionable for MGM to use a twisted legal strategy to prevent them from seeking damages
and holding the company accountable for its failure to adequately protect them from harm.

More astonishing is that the company has been pressuring victims to waive their rights to
personal service of process by offering to make small charitable donations in their names in
exchange for their release. This is manipulative, self-serving and places an additional legal
burden on victims who are still recovering from a horrific act of violence.
 MGM's cruel actions towards the victims of the Las Vegas shooting and its lack of
concern for the safety and security of its patrons are sufficient proof that this company is not fit
to operate in New York State. The welfare of New York State residents and visitors must remain
our top priority. We must not associate with nor give any official stamp of approval to a
corporation such as MGM that has deployed such abhorrent legal tactics. To do so is beneath us
and sends a message that New Yorkers are fair game for unscrupulous operators.

Sincerely,

Aravella Simotas
New York State Assemblymember
36th District - Queens

cc: Andrew Cuomo, Governor