June 12, 2009 04:53 pm
—
On the same November day in 1988 that Vice President George W. Bush defeated Massachusetts Gov. Michael Dukakis for president, slightly more than three out of every five Kentucky voters said “yes” to the following amendment to the Kentucky Constitution:
“Shall Section 226 of the Constitution be amended to provide that the General Assembly may establish a state lottery; may establish a state lottery to be conducted in cooperation with other states; and that any lottery so established shall be operated on behalf of the Commonwealth of Kentucky?”
However, how many of the more than 600,000 Kentuckians for voted for the lottery thought they also were voting to allow video slot machines at race tracks? Surely not many, if any. The only type of gambling discussed during the rather heated debate on the amendment were the type of games of chance the Kentucky Lottery Corp. has conducted for more than 20 years. Slot machines at race tracks — or any place else, for that matter — were never discussed.
Yet, Gov. Steve Beshear and Speaker of the House Greg Stumbo now seem to think the constitutional amendment Kentucky voters approved in 1988 provided the authority for the Kentucky Lottery Corp. to oversee the operation of video slot machines at race tracks. That’s why they don’t think voters need to approve a constitutional amendment to allow slot machines at race tracks.
When legislators gather in Frankfort this week for a special session, Beshear and Stumbo — and the Kentucky horse industry — will be trying to convince to enact a simple law to allow the video slot machines.
While we don’t pretend to be legal experts, we can read plain English and we think Beshear and Stumbo are wrong. Voters in 1988 were voting to a lottery, not slot machines. That’s why we think voters — not legislators — should have the final say on expanded gambling at race tracks.
If legislators approve a bill to allow slot machines at tracks —and that’s certainly a big “if” — the law is certain to be challenged in court. At the very least, that means it will be many months before the first slot machines are in place at tracks, and if the courts ultimately rule that the law allowing slots is unconstitutional, all that law will have done is further delay the placement of a constitutional amendment on the ballot.
While we think the 1988 amendment only allows lottery-type games, we are not willing to bet on how the courts will rule on any challenges to a law establishing slot machines without a vote of the people. In the past, judges in Kentucky have been mightily loose and creative in their reading of what seems to be plain English in the state’s constitution.
In recent years, the Kentucky Equine Education Project (KEEP) has spent millions of dollars unconstitutionally trying to convince legislators to place a constitutional amendment on the ballot to allow expanded gambling at race tracks. We have supported those efforts. We have said repeatedly that the voters should decide the fate of casinos and other types of expanded gambling in Kentucky.
We recognize that the horse industry in Kentucky is in trouble, and if it doesn’t get new revenue, the state could quickly lose its place of prominence in racing. Already several racing days at Churchill Downs have been canceled because of not enough quality horses.
But denying the people the right to have a voice in expanded gambling in Kentucky is not the way to save racing. Legislators risk a political backlash if they take the vote away from the people.
We’re not opposed to slot machines at race tracks. After all, that’s simply an expansion of gambling where gambling already exists. We simply are opposed to placing the slot machines without a referendum.
Senate President David Williams — certainly not one of our favorite legislators — has proposed providing additional revenue for the racing industry by placing a 10 percent surcharge on sales of lottery tickets; a 1.5 percent tax on out-of-state betting on Kentucky races; and use sales taxes from sales of horse products and supplies to provide supplemental purses and incentives.
Since the Kentucky racing industry seems to think it will surely perish unless it gets additional revenue now, Williams’ proposals could be imposed until voters have the opportunity to vote on expanded gambling at tracks. But that’s not one of the options the governor has given legislators for the special session. Beshear is betting it all on legislators approving slot machines at tracks without a referendum. That’s a huge gamble — and our bet is that the governor will lose.
Copyright © 1999-2008 cnhi, inc.