Bruning says casino debate is "ripe for pre-election review"
BY ANNA JO BRATTON
OMAHA, Neb. - Attorney General Jon Bruning says the conflict over an initiative to legalize up to three casinos in Nebraska is "ripe for determination" before the November election.
Bruning on Tuesday filed a 46-page brief with the Nebraska Supreme Court, explaining the state's appeal of the district court ruling giving the go-ahead to the casinos initiative. The court will hear arguments in the case on Sept. 8.
Lancaster County District Judge Karen Flowers ruled on Aug. 17 that the petition does not violate the state constitution's limit on submitting similar ballot proposals more than once in three years.
Secretary of State John Gale ruled earlier that the casino initiative violates the state constitution's limit on submitting similar ballot proposals more than once in three years.
Bruning said Flowers misinterpreted and misapplied the resubmission clause, looking past the essential substance of the similar measures and focusing on specific clauses that differ.
"This difference in number and location of casinos ... does nothing to alter the fact that the fundamental essence or purpose of the measure is the same _ to permit casino gambling in Nebraska," Bruning wrote.
The Committee for Better Schools and More Jobs in Nebraska Inc., sponsored the package of three petitions that would allow one casino in each of the state's three congressional districts.
The casino measure is being pushed by Boyd Gaming Inc., which owns several casinos around the nation.
Committee leader Greg lemon, who filed the lawsuit, has said this year's proposal differs markedly from the 2004 proposals.
Lemon's lawyer, Alan Pederson, noted that one of the 2004 proposals would have allowed two casinos in Omaha with 4,900 video poker and slot machines at other locations if approved locally.
A plan proposed by the Legislature would have allowed two casinos to locate in Nebraska, with details such as where and how the revenues would be distributed to be worked out later. |
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