Petitioners
Ohio Roundtable, Inc.
David Zanotti
Sandra Walgate
John Edgar
Respondents
Ted Strickland, Governor, State of Ohio
Kathleen Burke, Director, Ohio Lottery Commission
Members of the Ohio Lottery Commission in their official capacities
Ohio Lottery Commission
A brief summary of facts and claims being made against the state of Ohio and the Lottery Commission
1. In 1973 the Lottery was created by Constitutional Amendment approved by the voters of Ohio. At that time the voters were clearly giving the Legislature permission to create a process for a Lottery drawing that involved tickets. No state in the Union included slot machines as part of a state lottery in 1973. No such provision was ever presented to the voters or discussed in any public forum of record.
2. The Governor is not mentioned in the Constitutional Amendment nor given any legal authority in the constitution to expand the Lottery into casino style gambling.
3. Slot machines and casino style gambling are illegal in Ohio and the Legislature just re-affirmed that position passing a prohibition on “skill based” gambling machines in 2008.
4. The voters of Ohio also passed a constitutional amendment to assure that all lottery net proceeds would go to a special education fund, not the general revenue fund to balance the state budget. The voters never authorized any portion of Lottery proceeds to be used to line the pockets of racetrack owners.
5. The legislative action affirming the Governors actions to decriminalize slots for racetrack casinos is illegal in that it violates the single subject rule of the state constitution. Executive action and statutory action by the Legislature cannot override constitutional law. In this instance the question of creating racetrack casinos in Ohio is distinctly separate from the question of balancing the budget.
6. The actions of the Governor and the Legislature override the results of 4 specific general elections held in the state of Ohio since 1990 and as recent as 2008. This is a clear violation of the rule of law.
While there are many other issues raised by the actions of the Governor and the Legislature, the current legal challenges being brought forward focus on the above listed points. Future challenges may yet be filed in state and federal court.
Plaintiffs are seeking a ruling by the Court that will declare the creation of racetrack casinos by the actions of the Governor, Legislature and Lottery Commission unconstitutional. |
