Tracks vs. Tribe in Idaho Instant Racing Fight

The Idaho legislature voted to repeal a law that allows the state’s racetracks to operate slot-like machine games. The Coeur D’Alene Tribe backed the ban. But the tracks say they need the machines to remain viable and Governor Butch Otter (l.) vetoed it.

The lobbying turned hot and heavy on both sides of a bill passed last month by the Idaho legislature that bans a form of electronic gaming terminal at the state’s racetracks that opponents claim is an illegal slot machine in all but name.

Governor Butch Otter decided to veto the ban, which was proposed by the casino-operating Coeur D’Alene Tribe and would affect some 200 machines at tracks across the state. The “Instant Racing” machines, approved in 2013 by many of the same lawmakers who now want to outlaw them, allow bettors to wager on the outcomes of previously run races.

Track operators lobbied for a veto, arguing the machines are vital to the industry’s economic health and are running full-page newspaper ads in opposition to the ban. Treasure Valley Racing, operator of Les Bois Park and its Turf Club, have launched an “I Support Les Bois Park” website, and company representatives have met with the governor to make their case personally.

“We obviously urged him to veto it sooner rather than later, but he said he has to analyze all the information and then he’ll make a decision,” Treasure Valley Racing President John Sheldon said.

The tribe says the veto is unconstitutional.

“The governor has chosen to allow his buddies to continue their illegal instant racing casinos around the state while ignoring the Idaho Constitution,” said Coeur d’Alene Chairman Chief Allan. “To say we’re incredibly disappointed doesn’t even begin to describe it.”

The Shoshone-Bannock Tribes of Idaho also issued a statement reiterating the Coeur d’Alene Tribe’s concerns, “Every Supreme Court in this country that has ruled on these machines found them to be gambling slot machines prohibited by their respective constitutions. We, as voters of the state, are not pleased with the governor on how this matter is being handled,” said Chairman Nathan Small of the Fort Hall Business Council.

The bill passed both houses by veto-proof majorities, but Otter, a rodeo fan and competitor who was named last year to the state’s Rodeo Hall of Fame, is closely identified with horses, and his veto is fell short of being overridden.

Helo Hancock, the legislative director for the Coeur d’Alene Tribe told Indian Country, “It appears there are still some serious legal questions considering the validity of the veto, and whether or not the governor complied with the constitution and the Idaho Code. So stay tuned. It doesn’t appear that it’s over.”