Idaho Must Pay Tribe’s Court Fees in Instant Horse Racing Case

Idaho must cover the legal costs of the Coeur d’Alene tribe, which sued to force recognition that the legislature lawfully passed a ban on “instant racing” at the state’s racetracks. Governor Butch Otter claimed he vetoed the bill, but the tribe showed that he didn’t submit his veto within the statutory time of five days.

The state of Idaho must pay court costs associated with the Coeur d’Alene Tribe’s lawsuit to uphold a law that bans “instant racing” slot machines at the state’s racetracks.

The Idaho Supreme Court ruled that the tribe was right when it contended that a law banning the practice had been legally passed and that Governor Butch Otter’s veto came past the statutory deadline when he is required to transmit his veto to the legislature.

Otter was required to give his veto to the legislature within five days. He failed to do that, the court ruled. Writing for the court, Judge Warren Jones wrote “Perhaps I understate the issue when I assert that anybody with five fingers and a calendar can determine whether a veto is timely returned.”

Three state racetracks, including Greyhound Park Event Center in Post Falls, have employed the “instant racing” machines that allow wagering on past races where names have been subtracted from the information available

The high court upheld a lower court’s decision, but reduced the legal fees associated with the case from about $97,000 to $57,000.

The original law authorizing the machines was passed two years ago, but the tribe convinced lawmakers that the machines were too similar to the slot machines that the tribe deploys at its casino, and thus unfair competition. The state’s racetracks claim that they cannot stay open without the extra revenue the 200 instant racing machines provided.