Court asked to spell out Strickland's authority on slots

COLUMBUS - Now that the group LetOhioVote.org has withdrawn its challenge to Gov. Ted Strickland's plan for slot machines at Ohio's racetracks, the state will ask a court to spell out just what authority the governor has in this area.

It's the first step in what could be a long process.

"We can't move forward until we get the legal clarity we need," said Jeannie Roberts, spokesman for the Ohio Lottery Commission.

On Monday, the commission plans to revoke the rules it adopted last year in anticipation of the installation of a total of 7,500 slot machines at Toledo's Raceway Park and six other horse-racing tracks.

At its meeting in Cleveland, it will ask Attorney General Richard Cordray to seek a court declaratory judgment stating that the governor has the authority to approve slot machines as an extension of the state lottery approved by voters in 1973.

The lottery commission's rules had been adopted before the Ohio Supreme Court slammed the brakes on the slots plan, ruling that the state could not sidestep a voter referendum on the issue by authorizing slots through the state budget.

This was also before voters in November dramatically changed the gambling landscape in Ohio by approving four Las Vegas-style casinos on four specific sites in Toledo, Columbus, Cleveland, and Cincinnati.

"Ohio's commercial horse-racing industry is looking forward to working with the Ohio Lottery Commission to implement [video lottery terminals] in the near future so that we can protect the jobs of nearly 17,000 Ohioans whose jobs are directly or indirectly dependent on this industry," said David Paragas, legal counsel for the Equine Agricultural Coalition representing the racetracks.

Last year, three individuals formed LetOhioVote.org to successfully challenge in court the state's plan to install slot machines via the budget and then succeeded in filing enough signatures to qualify a proposed repeal of the law for the Nov. 2 ballot.

Two weeks ago, LetOhioVote.org abruptly withdrew its question from the ballot. This occurred after gaming giant Harrah's won approval to buy Thistledown track in northeast Ohio and said it would sell a piece of the action to Dan Gilbert. Mr. Gilbert is majority owner of the Cleveland Cavaliers and the major player behind the voter-approved casinos in Cleveland and Cincinnati.

There has been conjecture that Mr. Gilbert was at least one of the financiers behind the LetOhioVote.org campaign.

The secretary of state's office is investigating the source of LetOhioVote.org's money.

And while one immediate challenge to the slots plan has been removed, others that had been placed on the back burner could be resurrected.

Two other lawsuits challenging the budget-enacted slots plan on different fronts were withdrawn after LetOhioVote.org's success. Both could now be resurrected.

One, filed by gambling opponent Ohio Policy Roundtable, maintains voters did not envision slot machines when they originally approved the lottery in 1973.

Roundtable President David Zanotti said that if the backers of last year's Issue 3 don't challenge the expansion of what he characterizes as casino gambling beyond what voters approved, its lawsuit could be revived.

"There are multiple chapters left to be written here," he said.

He also questioned how the state could seek declaratory judgment from a court when no lawsuit is pending to decide.

Another lawsuit, filed by the Ohio Christian Alliance and four Republican lawmakers, alleged that the state was unconstitutionally partnering and splitting profits with private business by having the lottery commission lease the slot machines under the original rules.

Contact Jim Provance at:

jprovance@theblade.com,

or 614-221-0496.