Anyone who thought that the issue of putting slot machines at four Broward County pari-mutuels was a done deal now has to think again. Earlier this week the whole question became the subject of future legal wrangling when a Florida appeals court ruled that the constitutional amendment approved by voters should be thrown out if it can be proved that election law was broken. Governor Jeb Bush, a vocal opponent of the slot machines, is doubtless pleased with the 2-1 decision of the First District Court of Appeal in Tallahassee, where the two prevailing judges were his appointees.

Concerns have been raised over possible phantom voters and dead people having signed the petitions that obtained sufficient signatures to get the slot machine question onto the 2004 ballot. Following the appeal court decision Isle of Capri immediately issued a statement saying it was proceeding with the development of its slot machine facility at Pompano Park. The company anticipates opening early next year and believes that the ruling, which overturned a lower court decision granting summary judgement in favour of Floridians for a Level Playing Field (FLPF) of which it is a member, is contrary to existing Florida law.

The appeal court has sent the case to the Leon County trial court but the slots proponents can ask for a hearing before the entire appeals court or go to Florida’s Supreme Court. It is likely that they choose to take the case to the entire appeals court. Before the slots question was approved in a referendum by Broward County voters, a Leon County judge refused to rule before election day on a lawsuit filed in September 2004 by Floridians Against Expanded Gambling. After the election the Circuit Judge ruled that voter approval of the amendment solved any signature gathering problems.

If fraud is proven over the submission of signatures to get the amendment onto the ballot, then the slots initiative could be declared invalid. However, as no one is arguing that voters were misled over what the amendment would achieve this could still be disputed. Isle of Capri is not the only pari-mutuel operator planning to continue with expansion projects. Too much money has already been spent and too much is at stake. The latest hitch in Florida’s slots law is yet another battle to be fought in a long campaign.
(E-08.10.06)

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