Florida Slots Case Moving Forward

Gretna Racing in Gadsden County, Florida may file a friend-of-the-court brief in the state Supreme Court, which is considering whether slots may be allowed without legislative approval at Gretna Racing. Gadsden County also has asked to file a similar brief in the case that could have far-reaching implications.

The Florida Supreme Court, which is considering a key case regarding slot machines at Gretna Racing in Gadsden County, recently approved a request from the city of Gretna to file a friend-of-the-court brief supporting slot machines at Gretna Racing, operated by the Poarch Band of Creek Indians. In addition, Gadsden County has asked to formally intervene in the case or at least be allowed to file a friend-of-the-court brief in support of a 2012 referendum approving slots in the county.

Philip Padovano, a former 1st District Court of Appeal judge representing the city, wrote, “The city of Gretna has a vital economic interest in ensuring that the master plan will come to fruition and the success of the plan depends on the issuance of the slots permit that is at issue in the case before the court.” The city noted its “master plan” would include one or more convention hotels, restaurants and retail.

At issue is whether Gretna Racing can install slot machines without the approval of the legislature. An appeals court had ruled that Gretna Racing could install the slots. Later, after a divided 1st District Court of Appeal in October sided with state Attorney General Pam Bondi and Governor Rick Scott’s administration that legislative approval was required, the racetrack took the case to the Supreme Court. The outcome of the case could determine if slots will be allowed in Brevard, Hamilton, Lee, Palm Beach and Washington counties, where voters approved referendums allowing slots. Gadsden County, in its recent motion to intervene, claimed it had the right to authorize a referendum that would allow slots. No date has been set for oral arguments before the Supreme Court.

The anti-gambling group No Casinos Inc. also has received approval to file a brief regarding Gretna Racing with the court. In its motion, the group wrote, “No Casinos is concerned that if this expansion of gambling devices is allowed, and by logical extension, allowed for similar facilities in other counties, that will lead to proliferation of such devices, and will generally encourage casino-type gambling, contrary to the public interest and contrary to the law.”