Statement on Supreme Court Ruling on Slots Case
PAGE DISAPPOINTED IN SUPREME COURT RULING
RULING LEAVES MOST OF BAD LAW INTACT
Read the full Supreme Court ruling here.
Michael Geer, President of PAGE Fund today expressed dismay at the PA Supreme Court decision upholding most of Act 71 of 2005, the “Slot Machine Law.” “Not only have Pennsylvanians lost a court case today, we will continue to lose for many years to come as we see the results of slot machines being introduced into the Commonwealth,” said Geer.
“With this decision, the court is protecting the old politics of deals hatched behind closed doors – in backrooms – far away from the sunshine of public scrutiny,” added Geer.
PAGE and a large group of plaintiffs filed a Constitutional challenge to the slot machine law in December, alleging that the legislative process by which Act 71 was passed was blatantly unconstitutional. What began as a one-page, unrelated bill ended up as a 145-page bill allowing the largest single expansion of gambling in American history. What’s more – legislators were then forced to a vote in a matter of hours – for many sight unseen – with passage coming in the early hours of Sunday, July 4, 2004. There were no public hearings, no committee votes – no real opportunity for citizens to have a say in the details of the slots bill.
“The Court did strike down a few provisions of the law, and that is good,” said Geer. “Pennsylvanians should be pleased, as a result of this lawsuit, that they now will now have some say over whether a casino will spring up in their neighborhood.” The Court ruled against the Act 71 provision which gave the Gaming Control Board absolute control over the location of casinos. The court also struck down some of the funding provisions of the legislation, while letting others stand.
“Ultimately, though, the court only dealt with a few of the minor symptoms of this terrible law, while leaving the disease untreated, said Geer. “Pennsylvania will not be better for this ruling, and we will continue to see the kind of backroom dealing which excludes citizens from the decisions which affect them most.”
“And for the public, well, we will now have to deal with the introduction of 61-thousand government sanctioned addiction machines which will cost even non-gamblers billions of dollars per year.”
Background:
Attorneys for Pennsylvanians Against Gambling Expansion Fund and a number of other organizations, elected officials and individuals, filed a detailed, 73-page brief with the Pennsylvania Supreme Court, charging that the passage of Pennsylvania’s Slot Machine law (Act 71 of 2004) violated numerous provisions of the Pennsylvania Constitution.
The Plaintiff’s Brief argued that the process by which the law was passed violated the “Original Purpose” and “Single Subject” rules of Article III of the Pennsylvania Constitution. The suit also charged that the process violated Article II of the Constitution, and that certain provisions of the law infringe upon constitutionally-mandated Separation of Powers.
The net result of this unconstitutional activity was that Pennsylvania citizens generally, and the plaintiffs, specifically, were denied appropriate opportunity to be fully informed and state their positions on the legislation.
Among those joining with PAGE Fund in the case are: Pennsylvania League of Women Voters, Pennsylvania Family Institute, Sen. Gibson E Armstrong, Reps. Paul Clymer, Greg Vitali, Jerry Stern, and Gibson C. Armstrong, A United Methodist Witness of Pennsylvania and other officials, individuals and organizations representing citizens, taxpayers, businesses, churches and schools that would be impacted by the implementation of this law.
Counsel in this case are the firms of West and Long, of Harrisburg, Pennsylvania, and attorneys from Clymer & Musser of Lancaster.
A copy of the legal filings can be accessed at www.sitemerit.com .
Pennsylvanians Against Gambling Expansion 23 North Front Street Harrisburg PA 17101 (717) 657-4990
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