On the same November day in 1988 that Vice President George W. Bush defeated Massachusetts Gov. Michael Dukakis for president, slightly more than three out of every five Kentucky voters said “yes” to the following amendment to the Kentucky Constitution:
“Shall Section 226 of the Constitution be amended to provide that the General Assembly may establish a state lottery; may establish a state lottery to be conducted in cooperation with other states; and that any lottery so established shall be operated on behalf of the Commonwealth of Kentucky?”
However, how many of the more than 600,000 Kentuckians for voted for the lottery thought they also were voting to allow video slot machines at race tracks? Surely not many, if any. The only type of gambling discussed during the rather heated debate on the amendment were the type of games of chance the Kentucky Lottery Corp. has conducted for more than 20 years. Slot machines at race tracks — or any place else, for that matter — were never discussed.
Yet, Gov. Steve Beshear and Speaker of the House Greg Stumbo now seem to think the constitutional amendment Kentucky voters approved in 1988 provided the authority for the Kentucky Lottery Corp. to oversee the operation of video slot machines at race tracks. That’s why they don’t think voters need to approve a constitutional amendment to allow slot machines at race tracks.
When legislators gather in Frankfort this week for a special session, Beshear and Stumbo — and the Kentucky horse industry — will be trying to convince to enact a simple law to allow the video slot machines.
While we don’t pretend to be legal experts, we can read plain English and we think Beshear and Stumbo are wrong. Voters in 1988 were voting to a lottery, not slot machines. That’s why we think voters — not legislators — should have the final say on expanded gambling at race tracks.
If legislators approve a bill to allow slot machines at tracks —and that’s certainly a big “if” — the law is certain to be challenged in court. At the very least, that means it will be many months before the first slot machines are in place at tracks, and if the courts ultimately rule that the law allowing slots is unconstitutional, all that law will have done is further delay the placement of a constitutional amendment on the ballot.
While we think the 1988 amendment only allows lottery-type games, we are not willing to bet on how the courts will rule on any challenges to a law establishing slot machines without a vote of the people. In the past, judges in Kentucky have been mightily loose and creative in their reading of what seems to be plain English in the state’s constitution.
In recent years, the Kentucky Equine Education Project (KEEP) has spent millions of dollars unconstitutionally trying to convince legislators to place a constitutional amendment on the ballot to allow expanded gambling at race tracks. We have supported those efforts. We have said repeatedly that the voters should decide the fate of casinos and other types of expanded gambling in Kentucky.
We recognize that the horse industry in Kentucky is in trouble, and if it doesn’t get new revenue, the state could quickly lose its place of prominence in racing. Already several racing days at Churchill Downs have been canceled because of not enough quality horses.
But denying the people the right to have a voice in expanded gambling in Kentucky is not the way to save racing. Legislators risk a political backlash if they take the vote away from the people.
We’re not opposed to slot machines at race tracks. After all, that’s simply an expansion of gambling where gambling already exists. We simply are opposed to placing the slot machines without a referendum.
Senate President David Williams — certainly not one of our favorite legislators — has proposed providing additional revenue for the racing industry by placing a 10 percent surcharge on sales of lottery tickets; a 1.5 percent tax on out-of-state betting on Kentucky races; and use sales taxes from sales of horse products and supplies to provide supplemental purses and incentives.
Since the Kentucky racing industry seems to think it will surely perish unless it gets additional revenue now, Williams’ proposals could be imposed until voters have the opportunity to vote on expanded gambling at tracks. But that’s not one of the options the governor has given legislators for the special session. Beshear is betting it all on legislators approving slot machines at tracks without a referendum. That’s a huge gamble — and our bet is that the governor will lose.
Editorials
Vote is needed — 06/14/09
Legislators should require approval of people for slotsOn the same November day in 1988 that Vice President George W. Bush defeated Massachusetts Gov. Michael Dukakis for president, slightly more than three out of every five Kentucky voters said “yes” to the following amendment to the Kentucky Constitution:
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Charles Chattin
Before it merged with Ashland Community College to form Ashland Community and Technical College as a result of the 1997 Higher Education Reform Act, the Ashland Area Vocational-Technical School compiled an impressive record for teaching job skills to young adults and placing more than 85 percent in jobs for which they were trained.
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Try again
It is time for Kentucky Speaker of the House Greg Stumbo, D-Prestonsburg, and Senate President David Williams, R-Burkesville, to cease playing political games and redraw district lines that are compact and are based far more on population changes during the first decade of this century than on partisan politics.
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'Asset poor'
More than one in four Kentucky households are “asset poor,” meaning that they are living from paycheck to paycheck with little or no financial cushion to fall back on should they suddenly lose their jobs or have another emergency resulting in a temporary loss of or delcine in income.
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Safer mines
The head of the federal Mine Safety and Health Administration (MSHA) says coal operators throughout the country are improving their operations and, as a result, mines are becoming safer. However, MSHA chief Joe Main said too many coal operators still “don’t get it” and are continuing to cut costs by ignoring safety. That’s why MSHA plans to continue targeting mines with a history of repeated violations for additional inspections.
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Not far enough
For the past three sessions of the Kentucky General Assembly, bills that would raise the minimum dropout age from 16 to 18 have been approved by the Kentucky House of Representatives by wide bipartisan margins only to die in the Senate without even a vote.
Now the Senate Education Committee has unanimously approved a dropout bill hailed as an alternative to the House bill, but it does not go nearly far enough. It is a halfway measure that would have only a limited effect on preventing teenagers from quitting high school before graduation and virtually assuring themselves of lives on the lowest rungs of the economic ladder.
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Not their job
The local government committee of the Kentucky House of Representatives has wisely killed a bill — dubbed “Cooper’s Law” — that would have allowed the family of the Lexington toddler with cerebral palsy to have a playhouse on their property despite a deed restriction that apparently prohibits such structures.
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Keeping FADE
Despite an increase in cost to the department, Carter County Sheriff Casey Brammell told the Carter County Fiscal Court that his department will continue to be active in the FIVCO Area Development Drug Enforcement (FADE) Task Force — at least for now.
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Needed changes
The soaring enrollment that Kentucky’s community and technical colleges have experienced in recent years could come to a sudden end — or at least be slowed — as about 5,500 students in the statewide system that includes Ashalnd Community and Technical College are expected to lose their financial aid under new rules being implemented by the federal government.
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Released early
While it is disappointing that 75 of the 952 prisoners granted early release in January have violated the terms of their releases, the good news is that none of the former inmates have been charged with new felonies. That’s an early, but positive, indication that the nonviolent felons released before their sentences were up have been carefully selected and are among those least likely to return to a life of crime.
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Obese children
Almost a decade after former Gov. Ernie Fletcher called childhood obesity an “epidemic” in Kentucky, a majority of Kentucky adults still think that there are too many overweight children in the state and they place the bulk of the blame squarely on the shoulders of their parents.
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Charles Chattin








