In a September 5 ruling, the Nebraska Supreme Court said a measure to allow wagering on historical races at the state’s five licensed racetracks, with a percentage of revenues going toward education and property tax relief, violated Nebraska’s constitutional provision against asking voters to cast one vote on two unrelated issues. The justices said the two-part question did not have a “natural and necessary” connection.
Pat Loontjer, director of the anti-gambling group Gambling with the Good Life, said the court ruling helped opponents of historical wagering avoid a challenging and expensive campaign. She said when issues make it to the ballot, anti-gambling groups typically are outspent by proponents. However, she said, “Greed drives that industry. They will never give up. Ever.”
In fact, supporters of historical racing machines, which allow players to view background information about the horses’ records but nothing that could identify the race, such as a date, location, or the names of horses or jockeys, are determining their next moves. Todd Veerhusen, president of the Nebraska Horsemen’s Benevolent and Protective Association, said, “By no means are we stopping. We are not giving up on this. That, I can promise you.”
Hugh Miner, executive vice president and chief executive officer at Fonner Park in Grand Island said Nebraska will continue to lose business to Iowa and Minnesota and perhaps Colorado, which offer larger purses. “It’s just a shame that the door was slammed on a technicality, but we have to accept it and move on,” Miner said.
Among their options, historical racing supporters are considering placing the issue on the 2016 ballot through a citizen-led petition drive. This worked for backers of a minimum wage increase who got their issue placed on the ballot after a minimum wage bill died this year in the legislature. Another option is to try to reintroduce it in the legislature next year. The issue passed this year with a slim 30-vote margin late in the session.
Supporters said they’re certain the measure would have passed if it had gone before voters, especially with its property tax-relief component. Opponents said the machines, which are as fast and as addictive as slot machines, would have opened Nebraska to the supposed perils of casino gambling.
