In 2010, Oregon voters upheld a ban on private casinos. That fact is central to an argument by tribes in the state that a Grants Pass racetrack owner should not be allowed to add hundreds of slot-like historical horse racing (HHR) machines to a gaming venue called the Flying Lark.
In response, the owner of Grants Pass Downs and the Flying Lark has filed a legal petition against the Oregon Racing Commission, saying it delayed licensures for the machines after tacitly approving them.
The tribes contend that the volume of machines proposed at Grants Pass would effectively create a commercial casino, which is not permissible under state law. They also say that the newer machines are similar to video slot machines.
“We are at a critical moment where the state is about to approve the largest expansion of state-regulated gambling in decades without public or legislative input,” tribal leaders wrote. “If something isn’t done, HHRs will arrive in Oregon without any serious discussion of their impacts on the state, on tribes and the citizens of both.”
Governor Kate Brown has written to commission leaders saying although it’s not her role to weigh in on agency licensing decisions, she fully expects them to consult with tribal governments before making a decision.
“That obligation includes consultation before any significant change to gaming activity that may affect the tribes,” Brown wrote.
TMB Racing, backed by Dutch Bros. Coffee Executive Chairman Travis Boersma, claims the new entertainment venue would create more than 150 new jobs. Boersma filed a petition saying the delay “may be a result of waiting for the Oregon Department of Justice to advise on a handful of legal claims that some Oregon tribes have advanced about HHR wagering.” He noted that 150 HHR terminals were installed at Portland Meadows between 2015 and 2019 without delay by commissioners.
Boersma also said he’s “made it a priority to meet and work with Oregon’s tribal leaders. It’s my hope that tribal leaders will once again come back to the table to identify ways in which we can work together.”
