| MTR GAMING GROUP COMMENTS ON PENNSYLVANIA SUPREME COURT RULING;
IMPACT ON OPENING OF PRESQUE ISLE DOWNS
Expect to Open Facility By End of February
CHESTER, WV and ERIE, PA - February 12, 2007 - MTR Gaming Group, Inc. (NasdaqGS: MNTG) commented today on the decision of the Pennsylvania Supreme Court granting the motions of its wholly owned subsidiary, Presque Isle Downs, Inc., for expedited consideration and summary relief to quash a Petition for Review of the Order of the Pennsylvania Gaming Control Board approving Presque Isle Downs for a license to operate slot machines. The petition had been filed by Citizens Against Gambling Subsidies, Inc., a recently formed non-profit Pennsylvania Corporation, and Paul F. Curry, a former City Solicitor of Erie.
Edson R. "Ted" Arneault, President and CEO of MTR Gaming Group, said, "Obviously, we are pleased with the Court's ruling and grateful for the Court's quick action. We believed that the petition was frivolous because Mr. Curry and his organization lacked standing and because the substantive allegations lacked merit. We intend to seek redress for the damages the petition caused."
Having cleared the legal hurdle, Presque Isle Downs and the Gaming Control Board may now proceed to open the facility. The Company is ready to open the casino and restaurants to the public: construction of the casino is complete, the necessary liquor and restaurant licenses and permits have been issued, nearly all of the 2,000 slot machines are connected to the State's central monitoring system, approximately 650 employees have been trained, and the food and beverage outlets are serving hot meals. "Indeed," Arneault explained, "we have been advised by regulatory personnel that we are 'ahead of the curve' operationally, for which we are proud of our employees and pre-opening team."
Despite the Court's expedited consideration, however, there is simply insufficient time for the Gaming Control Board to conduct all of its pre-opening procedures and inspections and oversee the two required test/charity dates prior to the planned February 15 opening. Additionally, the Gaming Control Board currently lacks the requisite members to approve the order to open the casino. The newly appointed member, a legislative appointee who was appointed January 29, 2007, awaits completion (a maximum of 30 days by law) of the statutorily required State Police criminal background check before he can formally join the Board. All four legislative appointees must be on the Board before it can give the final approval to open the casino. Although the Gaming Control Board had the requisite members between the December 20, 2006 approval of Presque Isle Downs' permanent Category 1 Slot Machine Operators License and the December 27 departure of a Board member, the Company understands that the Control Board could not issue the necessary orders during that window because of the pendency of Mr. Curry's petition.
Arneault continued: "We know that our employees and would be patrons are frustrated by the delay and that the community is anxious for the entertainment that Presque Isle Downs will provide. We at MTR Gaming have been looking forward to this day for more than five and one-half years since we filed our application for a racing license in 2001. We have defended each legal challenge against our racing license and now our slots license through the State Supreme Court. Agents of the Gaming Control Board are on site performing their pre-opening procedures and we are working closely with them every day to open our facility as soon as possible after the confirmation of the final Board member. We hope to open before the end of this month."
About MTR Gaming Group
MTR Gaming Group, Inc., through subsidiaries, owns and operates the Mountaineer Casino Racetrack and Resort in Chester, West Virginia; Scioto Downs in Columbus, Ohio; the Ramada Inn and Speedway Casino in North Las Vegas, Nevada; Binion's Gambling Hall & Hotel in Las Vegas, Nevada, and Presque Isle Downs, a thoroughbred racetrack with pari-mutuel wagering and slot machine gaming in Erie, Pennsylvania, which it intends to open as soon as possible upon final approval of the Pennsylvania Gaming Control Board. The Company also owns a 90% interest in Jackson Trotting Association, LLC, which operates Jackson Harness Raceway in Jackson, Michigan. Additionally, MTR owns a 50% interest in the North Metro Harness Initiative, LLC, which has a license to construct and operate a harness racetrack 30 miles north of downtown Minneapolis. The Mountaineer facility, the Company's primary source of revenues, currently encompasses a thoroughbred racetrack with off-track betting and export simulcasting, 3,220 slot machines, 359 hotel rooms, golf course, spa & fitness center, theater and events center, convention center and fine dining and entertainment. MTR is included on the Russell 2000® and Russell® 3000 Indexes. For more information, please visit www.mtrgaming.com.
Except for historical information, this press release contains forward-looking statements concerning, among other things, the opening date for Presque Isle Downs in Erie, Pennsylvania. Such statements are subject to a number of risks and uncertainties that could cause the statements made to be incorrect and/or for actual results to differ materially. Those risks and uncertainties include but are not limited to the timely confirmation of the final member of the Pennsylvania Gaming Control Board, the Control Board's authorization for Presque Isle Downs to commence slot operations, and other factors described in the Company's periodic reports filed with the Securities and Exchange Commission. The Company does not intend to update publicly any forward-looking statements, except as may be required by law. The cautionary advice in this paragraph is permitted by the Private Securities Litigation Reform Act of 1995.
For Additional Information, Please Contact:
MTR Gaming Group, Inc.
Edson R. (Ted) Arneault, President & CEO
(304) 387-8300
Investor Relations Counsel:
The Equity Group Inc.
Lauren G. Mortman
212-836-9604
LMortman@equityny.com
www.theequitygroup.com
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