The Idaho Supreme Court has ruled unanimously that Governor C.L. “Butch” Otter didn’t meet the deadline for vetoing a law that bans historical horse racing machines at the state’s three racetracks, and that therefore the law takes effect.
The state’s racetracks say they will have to lay off employees immediately as the machines are turned off.
Two years ago, after the legislature initially approved of a law allowing the machines, Les Bois Park spent $4 million on the machines and to give the racetrack a facelift. The machines were seen as absolutely vital to keep the industry alive in the state. If the machines had remained on line the park would have broken even next year, according to projections. It currently has 200 machines.
The other two racetracks in the state also spent millions of dollars to install the machines that are now illegal to operate.
The machines allow the play to make bets on horse races that have already taken place but which have been stripped of information such as the name of the horse, the location of the race and so on. The statistics are available, but it is impossible to tell anything else about the race.
Once the machines were in operation for several months the Coeur d’Alene Tribe lobbied lawmakers to repeal the law that allowed them because, it argued, the machines looked and sounded too much like slot machines, something that as a gaming tribe it has a monopoly on. The machines are equipped with spinning wheels, sounds and animation that are similar to slot machines.
Supporters of the machines say they are a variation of simulcast betting, which is legal in the state. The winners are not selected randomly and players compete against other players. The track skims its profits as a percentage of the winnings.
The legislators agreed. When they passed the bill Governor Otter transmitted a veto message, but after the five days when he is allowed to do. His veto was not overridden so the tribe sued to overturn the veto. The high court agreed with the tribe.
The governor claims that he vetoed the bill within the five days, but that it wasn’t entered into the Senate’s Journal until the following Monday. Deputy Attorney General Brian Kane argued that point before the Supreme Court.
Justice Daniel Eismann dismissed the argument: “The deputy attorney general would apparently have us believe that the governor timely returned the original of the bill to some phantom senator, who gave the bill back to the governor, and then the governor later returned the original of the bill to the Senate Pro Tempore. There are certainly no facts supporting that fantasy.”
Although racetracks were allowed to have the machines, some restaurants have them as well.
The owner of a restaurant that has 40 forty machines, Melissa Bernard, of the Double Down Betting Sports Bar and Grill, told the Washington Times, “We’re devastated. The lawmakers enacted a law, and we invested because of the law. It’s a sad day for Idaho.” She laid off a dozen employees within hours of turning off the machines.
Treasure Valley Racing President John Sheldon observed in a statement that Les Bois Park’s 32-day live racing schedule would not have happened without the money the historical horse racing machines provided.
“We are currently reviewing all of our options and assessing the significant impact that complying with the court’s order will have on the immediate and long-term future of Les Bois Park,” he said.
Coeur d’Alene Tribal Chief James Allan hailed the ruling: “This pivotal decision reaffirms that even Idaho’s highest elected officials must follow the Constitution.”
