Nebraska Casino Case to be Heard by Judge

Lancaster County District Judge Karen Flowers heard arguments from a group that's pushing for the legalization of casino gambling in Nebraska Thursday, but did not say when she would rule in the case.

The judge heard the arguments in a lawsuit challenging a ruling by Secretary of State John Gale which says that the group's casino initiative violates the state constitution's limit on submitting similar ballot proposals more than once in three years.

A similar casino petition was voted down by Nebraskans in November 2004. Even if the details of the new casino initiative differ from the past ones, Gale said it was more of the same.

The Committee for Better Schools and More Jobs in Nebraska Inc., sponsored three petitions that would permit one casino in each of Nebraska's three congressional districts.

The petition also included provisions that would earmark funds for K-12 education, horse racing and treatment of compulsive gamblers. Similarly, it would also create a board to regulate and license casinos in the state.

The casino petition is being backed by Boyd Gaming Inc. Committee leader Greg Lemon, the one responsible for filing the lawsuit, said that this year's proposal differs a good deal from the 2004 proposals. Lemon's lawyer, Alan Pederson said Gale's ruling was "just a plain violation of the people's initiative right."

"The same measure, either in form or in essential substance, shall not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once in three years," according to state laws. A key point in the case will be how Judge Flowers interprets the constitutional language.