New Hampshire: Recently Adopted Casino Policy May Result in Lawsuit

The owner of a business that is trying to open a casino in Keene, New Hampshire, may be taking legal action against the city. That is the case of Dorrie Masten, a business owner who in 2023 filed an application for a new charitable gaming facility in the city.

However, her efforts were blocked by a newly adopted ordinance that was greenlighted by lawmakers late last month. Now, the business owner is reportedly looking into options to challenge the ordinance that is obstructing her from opening a casino at a downtown property she owns.

Evaluating Next Steps

On Tuesday, The Keene Sentinel reported that Masten is currently reviewing what options she has in light of the recently passed city casino ordinance. The publication quoted the business owner’s defense attorney, Patrick Queenan, from Sheehan Phinney, a recognizable law firm.

While Masten herself did not comment on the issue, her attorney explained in a statement that she is “presently reviewing the facts and circumstances surrounding the amendment as well as other events that prevented her from operating a charitable gaming facility in Keene, and she is evaluating next steps.”

Whether or not Masten may consider taking legal action against the city remains to be seen. However, considering that city lawmakers only recently greenlighted the new ordinance that introduces changes to the zoning permissions for downtown casinos, a legal claim may be the only option.

Keene’s Casino Ordinance Was Approved Late in 2024

It was back in the autumn of 2023 when the proposal that called for changes to the zoning permissions for casinos first emerged. This is around the same time Masten proposed the plan for the opening of a new charitable gaming venue in Keene. Per the ordinance, which was greenlighted more than a year later, charitable gaming facilities, are not permitted in Keene’s downtown core district. The aforementioned area covers parts of Main Street, as well as Central Square.

In addition, the ordinance enforced additional restrictions for new casinos which now have to be a minimum of 10,000 square feet in size and at least 250 feet away from schools, churches, as well as homes and residential districts. Notably, casinos must also be at least 500 away from another such establishment.

Seen by the Keene business owner as controversial, the casino ordinance was approved by the city at a Planning, Licenses and Development Committee’s council meeting on December 19. An overwhelming majority of 12 lawmakers supported the proposal while only two submitted votes in opposition.

Currently, New Hampshire doesn’t permit casino gambling. However, the state allows the establishment of gaming venues similar to casinos that offer table and other gambling games considering that they pay 35% of their revenue to charities.