Cover Stories Spring 2002

Florida Supreme Court Rejects Racetracks' Slot Machine Ballot Proposal

Tallahassee: The state's high court struck down a ballot proposal March 14 that would have allowed voters in 18 counties to decide in November whether slot machines should be legalized at the state's pari-mutuel facilities. In a 4-3 vote, the Supreme Court, which has the final say on whether petitions are put on the ballot, ruled that the measure failed to meet the state's single-subject requirement and must be removed from the ballot. The court also found the ballot summary misleading to voters and thus "clearly and conclusively defective."

Glenda Hood, president of No Casinos Inc., which opposed the slot machine initiative, said, "The court's ruling today is a victory for the people of Florida, our quality of life, the safety of our neighborhoods and for the character of our communities."

Daniel Adkins, chairman of Floridians for a Level Playing Field, a political action committee (PAC) representing three South Florida dog tracks and a harness track, said the adverse Supreme Court ruling would not stop pro-gambling interests from continuing to seek a statewide gambling referendum. "We fully intend to go out and regroup and redraft it and continue."

Anti-racing opponents who also challenged the initiative applauded the decision. "These tracks are begging for slot machines because they are no longer a viable industry," said Carey Theil, president of Boston-based GREY2K USA. "Giving them life support through [slots] will cause thousands upon thousands of greyhounds to be needlessly bred and killed."

In an interview with the Miami Herald March 18, Theil questioned whether the state should bail out the pari-mutuels. "Generally, this is driven by larger issues, such as the economy," he said. "When the economy is strong, the tracks ask for tax cuts. When the economy is weak, they ask for slot machines." The PAC filed a ballot initiative petition with the Florida secretary of state in the fall of 2000. By April 2001, the state elections division had certified more than 50,000 valid signatures collected by the group, which automatically triggered a review by Florida Attorney General Robert Butterworth and the state Supreme Court.

Butterworth questioned the initiative's misleading language in an opinion delivered to the high court May 18, 2001. Four days later, GREY2K USA led nine other animal protection groups in a legal challenge of the ballot initiative. Organizations that joined GREY2K USA included: Animal Protection Institute; The Ark Trust, Inc.; Friends of Animals; Greyhound Protection League (GPL); Last Chance for Animals; Michigan Retired Greyhounds as Pets; National Coalition Against Gambling Expansion; National Greyhound Adoption Program; and the World Society for the Protection of Animals. Another group, led by the Humane Society of the United States (HSUS), also challenged the initiative.

GREY2K USA retained Florida attorney Mark Herron to represent the coalition before the Supreme Court. Herron, a former chairman of the Florida Commission on Ethics, submitted a written brief to the high court and presented oral argument against the ballot initiative Oct. 21, 2001.

Since January, Herron, acting as GREY2K USA's legislative agent and lobbyist, has monitored more than a dozen bills introduced in the House and Senate, all of which were attempts to benefit the state's dog racing industry. Herron reported on the status of those bills during bi-monthly legislative conference calls hosted by GREY2K USA. Twenty individuals representing greyhound protection and anti-gambling groups nationwide participated in the calls.

GREY2KUSA sent out electronic action alerts to Florida's greyhound activists. In addition, 1,100 information packets were mailed to every legislator in Arizona, Florida, Kansas, New Hampshire, and Rhode Island. The packets included anti-slots editorials published in newspapers from Arizona to Rhode Island; the HSUS fact sheet on dog racing; GPL's nine-page record of the documented deaths of thousands of greyhounds; and the Winter 2001-02 edition of Greyhound Network News.

Governor Opposed to Video Slots

On the day the Supreme Court handed down their decision, Gov. Jeb Bush indicated he would veto any legislative effort to add video lottery terminals (VLTs) to the state's 31 pari-mutuel facilities, including 16 greyhound tracks. "That's not going to happen," Bush told reporters in the House press gallery.

News of the governor's comments quickly spread through the Legislature. As a result, Sen. Steve Geller, D-North Miami, and Sen. Ron Silver, D-Hallandale withdrew a budget amendment they had previously introduced, which would have earmarked $500 million in gambling revenue from VLTs for the state's education fund. Silver said he and Geller withdrew their proposal after it became clear that their colleagues were reluctant to approve the budget allocation until they had actually approved VLTs as a gambling option.

On the House side, Rep. Ron Greenstein, D-Coconut Creek, withdrew a VLT amendment from an unrelated lottery bill, saying he'd bring video slots up "if ever" the issue came over from the Senate.

Other Legislation

Senate Bill 160, a greyhound adoption bill introduced earlier in the session by Sen. Debbie Wasserman Schultz, D-Pembroke Pines, was later amended to include provisions that would extend the hours of card room operations at racetracks and eliminate the $10 betting limit. SB 160 passed the full Senate by a 21-13 vote Feb. 28, and was re-turned to the House, where it passed 86-26 March 12. As of April 9, HB 160 had not yet been sent to the governor.

The legislative session ended March 22, but a special session will be called to pass the state budget. As in prior years, it is likely that an attempt will be made to attach VLT legislation to the budget bill.

Sources: St. Petersburg Times: Lucy Morgan; Miami Herald: Erika Bolstad, Lesley Clark; Sun-Sentinel: Brent Kallestad, Associated Press