Here is the decision in CGI-NIT, LLC v. Narragansett Indian Tribe (R.I. Super.):
An excerpt:
The Director of the Rhode Island Lottery, Gerald S. Aubin, testified compellingly, credibly and clearly that the Tribe does not participate in the operation of the state lottery in any fashion, he does not know Chief Sachem Thomas personally, the Tribe has no management role at all, nor has any advisory role. (Tr. 23-24.) As Mr. Aubin succinctly observed, “[t]here is no relationship whatsoever.” Id. at 24. Chief Sachem Thomas’s completely credible testimony reinforced this conclusion.
The relevant, material and believable testimonies of Mr. Aubin and Chief Sachem Thomas compel the conclusion that the conferral of the benefit of VLT revenue upon the Tribe was the unilateral act of our State’s legislature. The record is bereft of any evidence that any tribal member or representative initiated the discussion with the then-Governor for same, or lobbied for, or testified in support of such an enactment.
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