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The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
Wiesbaden’s tax, set under local statute, applies to expenditure on gaming machines, and the city said the higher rate was part of its response to strained finances.
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Voters in DeKalb and Steuben will also weigh in on casino authorization. House Bill 1038, signed by Indiana Gov. Mike Braun (R) in March, authorizes a single casino in one of the three counties.
The law came at the request of Full House Resorts, the Las Vegas-based regional gaming operator that expressed interest in relocating its Rising Star Casino in Rising Sun to a more attractive market, specifically in the northeastern part of the state.
During the lawmaking process, Full House’s exclusivity was stripped in favor of welcoming any company currently licensed as a commercial casino in the US to bid on the possible license. Lawmakers also threw in a one-time $150 million fee for the concession and a mandatory investment minimum of $500 million, all but ending Full House’s interest.
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The animosity between the sides has become political over the years. Station is owned and operated by the Fertitta family, who have been prominent Republican donors for many years. Culinary is a largely Democratic organisation that typically supports and endorses left-leaning candidates.
Last month, US President Donald Trump made an impromptu visit to Las Vegas, hosting a rally at Red Rock. Trump called the Fertittas a “beautiful family” during his remarks. Culinary, meanwhile, denounced the event and the Fertittas’ support of Trump and Nevada’s Republican Governor Joe Lombardo.
“As Lombardo runs for re-election in a state built and run by unionised hospitality workers, Culinary Union is demanding to know why the governor stands with Station Casinos and Trump’s harmful economic agenda instead of fighting and delivering for the working people who power Nevada’s economy,” the union said in a statement at the time.