Daily Archives: February 9, 2017

BOISE, Idaho (AP) The ongoing battle over appropriate Indian gambling is once again coming to a head in the Idaho Legislature, with both sides preparing to rip open old wounds.

Rep. Tom Loertscher, a Republican from Iona, introduced legislation Wednesday that would ban lucrative video gambling terminals inside the tribes' casinos. The proposal was tepidly accepted by the House State Affairs Committee, with some lawmakers raising concerns about the ripple effects of the bill.

"We've been bothered by several gambling issues over the last few years," said Loertscher, chairman of the House panel. "This is a major policy thing that we need to address."

The move comes two years after lawmakers banned the use of so-called historical horse racing due to fears that the electronic betting machines resembled slot machines. The repeal effort generated outrage from the horse racing industry. It claimed the tribes were unfairly trying to squelch competition because they have a monopoly on video gambling in Idaho.

Yet the fight over Indian gambling has been a sore subject since 1988 when the Idaho Lottery was established.

Under federal Indian gambling law, Idaho tribes can only operate their own bingo and lottery operations as long as the state has already authorized that form of gambling. This has created lingering tension between the state and tribes over what types of gambling devices are legal.

According to the tribes, they operate what the state allows: A video form of the state lottery.

However, prolonged disagreement led the tribe to successfully push a 2002 ballot initiative amending Idaho's law to say as long as the tribe's machines do not have a lever or dispense coins only cash out tickets then the machines could not be defined as a slot machines and are not a simulation of casino gambling.

Then in 2006, the 9th Circuit Court of Appeals upheld the tribes' ability to offer video gambling devices after the state sued. The court's decision also influenced a 2009 ruling where the Idaho Supreme Court declared Idaho could no longer sue regarding the constitutionality of the tribes' machines.

Loertscher's bill would remove a key section of the law amended in 2002 so that even if the tribe's machines do not have a lever or dispense coins, they would still be banned from possessing slot machines. It's a subtle difference, but one that would could potentially upend the entire system.

"This issue has been addressed in the judicial branch and now they want to get the Legislature involved," said House Assistant Majority Leader Brent Crane, R-Nampa, who said he only voted to introduce the proposal to learn more about the issue. "I'm not convinced that's going to happen."

Other lawmakers contend that the Idaho Constitution outlaws casino-style gambling but claim tribes are violating that ban due to a loophole in the law.

"We simply can't have any statute that would attempt to override the constitution," said Rep. Steven Harris, R-Meridian, who has supported other efforts to limit gambling in Idaho this year.

For the tribes, the issue comes down to protecting their sovereignty.

"This is highly unnecessary," said Rep. Paulette Jordan, D-Plummer, a member of the Coeur d'Alene Tribe, who voted against introducing Loertscher's bill. "I don't believe this bill will make it out of committee and I would urge the chairman to reread our laws."

A full hearing for the bill has not been scheduled.

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Idaho House panel introduces bill limiting Indian gambling - Virginian-Pilot

Gamblers placed wagers totaling a record $132 million on Super Bowl LI Sunday at Nevada sports books. However that amount represents a drop in bucket compared to the $4.5 billion of bets placed illegally on the game.

Nevada is currently the only state where gambling on sports is legal, but the black sports betting market is estimated to account for 97% of all wagers placed, according to theAmerican Gaming Association.

These bettors rely on offshore sports books, online means and illegal bookies to satisfy their tax-free gambling needs thanks to the Professional and Amateur Sports Protection Act signed in 1992 that made Nevada the only state to legally place bets on sports.

"Vegas currently has a monopoly on sports betting," Erik Balsbaugh of the American Gaming Association toldTheStreet. "The internet has changed a lot of things in the industry though, and it's time for the U.S. to catch up."

The sportsbook from companies like MGM Resorts (MGM) andLas Vegas Sands (LVS) on the Las Vegas Strip comprises between 1.5% and 2% of total gaming revenue annually, according to Union Gaming analyst John DeCree.

Betting on the Super Bowl, both legal and illegal, was up year over year in spite of the fact that viewership for the big game was down from a year ago.

Legal sports gambling is good for the game, Balsbaugh argued, because people with something riding on the game tend to be more attentive to the games and are more likely to even watch the commercials during a broadcast.

Continued here:

Super Bowl Betting Tally Helps Make the Case for Legalized Sports Gambling - TheStreet.com

R.J. Marx/The Daily Astorian

The owner of the former Gearhart Grocery was denied in his bid to install four lottery machines in a new brew pub. He is seeking to reverse that decision in an appeal.

R.J. Marx/The Daily Astorian

Pub owner Terry Lowenberg at the Planning Commission hearing in January.

GEARHART The owner of a brew pub at the former Gearhart Grocery has accused the city of rejecting video lottery machines because of a bias against gambling.

In an appeal delivered to the city Tuesday, Terry Lowenberg states the denial of a conditional use permit does not appear to be based on any relevant fact, but rather on a prejudice against gaming and the people that participate in gaming.

Lowenberg states that city code does not exclude lottery machines, gambling or gaming.

Last year, Lowenberg won approval for a brew pub and deli on Pacific Way, but at a Planning Commission hearing in January he told commissioners he needed the lottery machines to survive economic hardship in winter months. The machines four to start, with a maximum of six would be placed in an enclosed area next to the deli separated by an 8-foot wall.

Lowenberg closed his grocery store in November after citing competition from larger supermarkets in the region.

Simply exist

In his January request, Lowenberg said he needed the lottery machines to simply exist, and if the permit was not granted, he would end up having to close the store.

Commissioners denied the request 5-2. They said the lottery machines could open the door to gambling machines downtown, and pointed to video gaming establishments on nearby U.S. Highway 101. Others were skeptical that video poker could prop up Lowenbergs failing business.

Two commissioners, Virginia Dideum and Jeremy Davis, praised the brew pubs design plan and opposed the denial.

Gambling and drinking

Lowenbergs appeal takes City Planner Carole Connell to task for failing to provide evidence for her staff report recommendation to deny the machines, based on what she said were studies linking gambling and drinking. The city finds gambling stations that encourage alcohol consumption do not coincide with the intent of a neighborhood cafe as defined.

This is clearly a highly-biased opinion from someone who is adamantly against the proposed use rather than independent review of an application, Lowenberg wrote. It seems the planner is trying to find arguments against the lottery machines by linking gambling and drinking, he said.

Lowenberg disputes the planners contention that lottery machines are not a use devoted to the use of food while customers are seated at tables.

Lottery dollars support many resources in Oregon and locally, he said, and if customers want to participate in lottery while waiting on a meal, this is good for Gearhart and good for Oregon.

City Administrator Chad Sweet said the City Council will set a date to hear the appeal at a public meeting. A decision must be rendered by March 28, within 120 days of the original application.

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Is gambling 'good for Gearhart'? - Daily Astorian

As food containers made of polystyrene continue jamming San Diegos landfills, a maker of the ubiquitous plastic has been pouring money into the Greater San Diego Chamber of Commerces political action committee at a record-setting pace.

A January 25 disclosure filing with the city clerks office shows that Dart Container Corp. of Mason, Michigan, kicked in another $20,000 to the PAC on October 25, matching an earlier $20,000 it gave in the first half of 2016. Dart wants recycling considered before San Diego bans the troublesome material, an option the city has resisted. To make its point, the firm has retained the services of lobbyist Clarissa Falcon to include recycling of polystyrene food containers in the Citys Zero Waste Plan.

Other special interests kicking in for the chamber PAC include LHR Investment Company, backer of the failed Lilac Hills Ranch ballot measure, with $15,000, on October 28 and Walmart Stores of Bentonville, Arkansas, $10,000 on October 27. Among the expenses listed for the political action committee was a $7500 consulting fee paid to Stephen Puetz, chief of staff to Republican mayor Kevin Faulconer. The candidate drawing the most cash from the group, per the filing, was failed GOP city attorney hopeful Robert Hickey, who lost out to Democrat Mara Elliott.

The GOP Lincoln Club collected a total of $199,185 during the period from October 25 to the end of the year, finishing the 12-month period with a total of $1,097,123 in total contributions and an ending cash balance of $41,338. Among the donations was $5000 received on October 25 from LE Gaming. The operation belongs to Certified Player Corporation of Placentia, which provides so-called third party proposition players, who serve as bankers in cardroom games, including those offered at Chula Vistas Seven Mile Casino, per its website.

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Gambling and plastic politics - San Diego Reader

Defense Department datashows that 514 active duty military service members and Coast Guard and 72 Reserve members were treated for or diagnosed with a gambling disorder from 2011-2015, according to a Government Accountability Office report.

Though this number represents only .03 percent of the active and reserve population, the GAO, a federal agency that provides oversight and investigative services for Congress, wants the military to get more serious about identifying and treating gambling addiction.

Other organizations have placed the number of at risk active duty service members much higher. The National Council on Gambling Problemsays36,000 active duty troops meet the criteria for gambling addiction.

"Previous surveys found average rates of gambling problems among active duty personnel at 5%, approximately twice the average civilian rate," Executive Director Keith Whyte told Military Times.

Adding to the dilemma, nearly 3,000 slot machines are available to soldiers deployed to bases around the globe, accumulating roughly $539 million in profits between 2011 and 2015, according to the GAO report.

"At the very least, this jackpot comes with an obligation to minimize harm related to gambling addiction. When DoD promotes and profits from slot machines they have a high obligation to take extensive measures to treat military personnel who develop gambling problems," Whyte said.

Currently, the military does not provide annual screenings and its present medical screening process does not include questions that could indicate susceptibility to gambling problems, as it does for other addictive disorders. They do not screen for gambling disorder because they focus on mental-health disorders that are high risk to overall readiness, high volume and have validated measures for assessment, according to the GAO report.

However, gambling disorders can have a resounding impact on military operations. The preoccupation with gambling, financial hardship and increased risk of suicide can pose a risk to individual readiness, the report argues. The service branches provide guidance on substance abuse for medical and non-medical staff, "however, it refers only to problematic substance use," GAO said.

The GAO recommends annual screenings to identify gambling addiction and updating policy guidance. DoD and Coast Guard officials have agreed to update its guidance on gambling disorders but have rejected calls for annual screenings, citing the low prevalence of gambling addiction in the military. "It is impractical to screen for every low prevalence disorder," DoD officials said in a response to the GAO report.

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Federal oversight agency wants the military to screen for gambling addiction - Military Times