Judge Flowers to Hear Casino Gambling Argument in Nebraska

Lancaster County District Judge Karen Flowers heard arguments Thursday, July 27, 2006. The argument is about legalizing casino gambling in Nebraska.

In November 2004, Nebraskans voted down two casino plans. Secretary of State John Gale said the casino's initiative violates the constitution of the state. Casino plans may differs in details, for Gale he considered it all the same.

Three petitions were sponsored by the Committee that would allow one casino in each of the three congressional districts. The casino revenues would fund education and treatment of compulsive gamblers. Plus it would create a board to regulate license to casino in the state.

Boyd Gaming Inc. pushed the casino measure. Boyd owns several casinos around the nation.

This year's proposal differs from the 2004 proposals said Committee leader Greg Lemon, who filed the lawsuit.

Alan Pederson, Lemon's lawyer, noted that one of the 2004 proposals of casino would have been allowed in Omaha with 4,900 video poker and slot machines if approved locally, the casino would have been built at other locations.

The Legislature's plan proposed would have allowed two casinos to be built in Nebraska; the details of where and how the revenues would be distributed will be discussed later.

Pederson noted that Gale's ruling was "just a plain violation of the people's initiative right."

It will depend on Judge Flower on how she would interpret the constitutional language. Her interpretation will be the key to this case. She said, "The same measure, either in form or in essential substance, shall not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once in three year."