Racetracks file lawsuit against California claiming Indian compacts are illegal
Friday, September 17, 2004
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(09-17) 05:18 PDT SACRAMENTO (AP) --
A lawsuit has been filed by California racetracks that want to add slot machines to its gambling menu, alleging the compacts signed between Gov. Arnold Schwarzeneggers and five Indian tribes are illegal.
The suit was filed Thursday in Alameda County Superior Court against the state and the Schwarzenegger administration. The lawsuit cited a little-known clause in the California Constitution related to "urgency statutes" -- the type used to implement the tribal deals in June. Such measures must be approved by a two-thirds vote of the Legislature, and they take effect immediately.
The state Constitution said urgency clauses cannot "grant any franchise or special privilege or create any vested right or interest."
"This lawsuit challenges the fact that the public's right to vote on gaming issues has been taken away for a long, long time," said Rick Baedeker, president of Hollywood Park racetrack, one of the plaintiffs and a major back of Proposition 68 that seeks to bring some 30,000 slot machines to card clubs and racetracks.
http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/09/17/state0818EDT0034.DTL