Anti-casino group threatens to sue if slots pass this summer
Kent Ostrander, executive director of the Kentucky Family Foundation
FRANKFORT — A conservative anti-casino group warned Gov. Steve Beshear and lawmakers on Thursday that any new law allowing video lottery terminals at Kentucky’s horse tracks would be challenged in court.
“We will take legal action if the governor calls a special session and oversees the passage of gambling expansion via the current unconstitutional slot-at-the-tracks plan,” said Kent Ostrander, executive director of the Family Foundation, one of several groups who have long opposed expanded gambling.
Ostrander said in a Capitol news conference that a constitutional amendment is necessary to expand gambling in Kentucky. A constitutional amendment can only be approved by the legislature in a regular session.
Ostrander said his group would not file any legal action this year until the governor signs legislation into law allowing slots at the tracks.
The press conference came the day before a group of independent economists is expected to predict the state’s revenue forecast for the next fiscal year. Beshear has said he will decide after the Concensus Forecasting Group meets on Friday on whether he will call a special session. But internal budget estimates show a nearly $1 billion shortfall.
Beshear has said raising taxes is not an option.
House Speaker Greg Stumbo, D-Prestonsburg, filed a bill during the 2009 legislative session that would allow the state’s race tracks to use slot machines. The move could help pump up purses and generate additional tax dollars for the state, advocates of expanded gambling say.
Senate President David Williams, R-Burkesville, has said he doubts expanded gambling would pass the Republican-controlled Senate.
But there is a debate on whether the state’s constitution would allow allow for expanded gambling.
Stumbo, a former Attorney General,said in a 2005 opinion that expanded gambling at the state’s race tracks would not take a constitutional amendment. Stumbo’s opinion contradicted other attorney general opinions have said that a constitutional amendment would be needed.
Attorney General Jack Conway is currently looking at the issue and will release an opinion soon. An attorney general’s opinion is not binding, but gives advice on what a court may decide if the issue is litigated.
“At this point, the buck stop in the governor’s office,” Ostrander said. “He may call the special session and include gambling as part of it, but if he does, he’s only passing the buck to the legislators.
“He’s not resolved the unconstitutional nature of the effort,” Ostrander said. “We will go to court and we will win.”
Ostrander released at his conference a DVD of the state House debate in 1988 on establishing a statewide lottery.
On it, Rep. Louis Johnson, D-Owensboro, asked about the need for amendment to make sure that the lottery legislation not allow slots at the tracks. He was told by Rep. Bill Donnermeyer, D-Bellevue, that the bill would not allow slots machines.
If Stumbo, who then was majority leader, disagreed, he should have spoken up, Ostrander said.
– Beth Musgrave
Filed Under: Greg Stumbo • Jack Conway • State Government
About the Author: 
Mr. Ostrander should be happy he has a job doing merely nothing but promoting stupidity in our state. He should think of those that do not have jobs and need the work etc that would come alone with casino gambling. Get a grip and get a life.
The issue is one of constitutionality. If not for people like Mr. Ostrander, our highly ethical state legislature would railroad things through that we would all be forced to suffer through.
Casinos = gambling, but horse racing does not???? These hypocrites decide what is “sinful” and what is not–picking and choosing our sins. Enlightened people of Kentucky need to rise up and let legislators know that Ostrander does not speak for them. James is right, lets put more Kentuckians to work and build the tourist business through casino gambling. So far, the casinos over the river in Indiana are making the money that Kentucky isn’t!
I am curious as to where in the Ky Constitution it prohibits slots at tracks? They keep talking about it, but they never quote the Constitution. I know there is a statute that deals with prohibitions against gambling, but that can be changed by the legislature on a simple majority vote. It does not take a consitutional amendment.
I hate these groups that try to take away peoples freedom.
America is the home of the free! I should be able to gamble in my own state. If I am hurting no one then what reason would there be for taking away my personal freedom?
Kent Ostrander is an a$$hole.
If Kentucky wants to gamble, Kentucky should be free to gamble. If Kent doesn’t want to gamble, Kent can stay home!
Let’s see nobody wants our coal, our tobacco causes cancer, our schools are lacking and our horse industry is fleeing! Wake up people! There is no commerce left here! No jobs, no people, -GHOST TOWN KENTUCKY
In order to get the tax receipts and the monies the state is depending on will require nearly $7 billion in annual gambling receipts. Since other states are struggling with their casino operations and much of Kentucky is living at the poverty line, where are these receipts going to come from?
All this bitter ranting. Is it constitutional or not? Seems logical to me to let the courts decide. Doesn’t seem to be in anyone’s interest, libral or conservative, for Kentucky to proceed in violation of our constitution. If an ammendment is required, there is a process for that. Could it be that the pro slots group suspects that the folks of the Commonwealth would not approve an ammendment? Just asking a question.
Taxpayer,
Could it be that the pro slots group suspects that the folks of the Commonwealth would not approve an ammendment? Just asking a question.
Now you know our Speaker would not do anything like that, ehhhh.??????