Commentary
Gambling proposals to help finance Vikings stadium fail constitutional test
By Gene Merriam and Dennis Ozment
Gene Merriam is a former DFL state senator and former commissioner of the Department of Natural Resources. Dennis Ozment is a former Republican state representative and former chair of the Legislative Committee on Minnesota Resources. (For a contrasting view, read Wednesday's commentary, "Constitution does not prevent gambling in Minnesota," by former Chief Justice Eric Magnuson.)
Gov. Mark Dayton, legislative leaders and the Minnesota Vikings are working hard to find a deal they can all support to build a new stadium. Their discussions have brought the subject of expanded gambling to the forefront. While gambling proponents will always be there to push new casinos and slot machines as solutions for the state's financial issue du jour, this is a good time to point out major problems that seem to get very little attention in the media or at the Legislature.
Minnesota's Constitution prohibits most gambling. The Constitution has been amended only twice to allow specific types of gambling: once for parimutuel betting at racetracks, and once to establish the state lottery. Tribal casinos exist in Minnesota and throughout the country because of the Indian Gambling Regulatory Act, which was passed by Congress in 1988 and supersedes state gambling prohibitions.
An 18-page opinion issued by the Minnesota Attorney General's Office in 2005 asserts that a state-run casino does not fall under the definition of the state lottery as understood and approved by voters, and "that the operation of slot machines, roulette wheels or craps by the State would violate Article XIII, Section 5 of the Minnesota Constitution." The opinion further concludes that in order to pursue creation of any state-run casino, the governor and Legislature should "first seek approval of a constitutional amendment from the voters."
There is another constitutional problem with these proposals.
The only possible way for them to be considered legal is to conclude that they are authorized under the constitutional provision creating the state lottery. This is the opposite of the conclusion in the attorney general's opinion. But even assuming that the attorney general was wrong and that casinos can be built as part of the state lottery, then according to the Constitution "not less than 40 percent of the net proceeds from any state-operated lottery must be credited to the [environment and natural resources] fund." All of the gambling-based stadium proposals that we have seen fail this constitutional test.
The proposals use various gimmicks that will not hold up in court to give money to the state as a gambling tax or fee. They pretend that this money that comes to the state is somehow different and would not be considered "proceeds" to the state from the lottery. This gimmick is clearly designed to get around the Constitution and would not be allowed by a court. The attorney general's opinion states that failure to allocate 40 percent of proceeds to the environment and natural resources fund is "clearly unconstitutional."
An attorney for the racetracks that want a law passed to authorize casinos argues that the state's Constitution doesn't actually prohibit most gambling, as we assert. He says the Constitution only mentions "lotteries," and therefore everything else is permitted. That his clients only came into existence through a constitutional amendment is proof to the contrary, however.
In the 1800s, when Minnesota's Constitution was written, there were no state lotteries as we think of them today. The term "lottery" was used to describe any game of chance, from betting on horses to craps. Most important, it has always been interpreted as such by Minnesota courts.
Expanded gambling isn't the simple "solution" that proponents claim. The current proposals are actually risky and unreliable. They are an invitation for extended court battles. The governor, the Legislature, the Vikings and all of us would be better served by focusing on solutions that don't violate the state's Constitution.
Comments (12)
I am in support of this only if it is an open air stadium. We were much better when we had a open field advantage and it would save a ton of money.
The solution is simple, put legalized gambling on the ballot and let the citizens vote.
electronic pulltabs way to go
Electronic pulltabs, Vikings scratch off, etc. Maryland used state lottery funds to build Camden Yards because they had just lost the Colts and feared losing they Orioles. Let's get this done and keep the Vikings in Minnesota.
So lets change the Constitution!!!!!! Thats the beauty of Amendments.
If this is such a clear case than the Native American tribes with casinos have nothing to fear. Than ask yourself why they are the source of thousands and thousands of dollars to lawmakers if they clearly have the law on their side. Something tells me they feel otherwise.
Maybe the best thing we can do is modify OUR constitution in order to allow gambling to open up. Not just for a stadium, but to better ALL of Minnesota. See, the benefit for the many should out weigh the benefit of the few. We were simply wrong when we chartered the constitution, and its time for a change.
Let's simply "amend" the Constitution like when the Indian Casinos were brought into the equation. Every Minnesotan deserves the right to benefit from casino revenue. WAKE UP legislature!
All it boils down to is, some of the legislature is not ready to get Mystic Lake out of their back pocket. Just a bunch of smoke screen.
The Racinos will NOT cost the state any money but will give money to the state.
DUH its a no brainer let the tracks do it and if the state makes money great if they fail oh well.
Its time we stop the SPECIAL rights and just have equal rights.
C.A.G.E seems to have lots of ties to the tribes, maybe they could chip in and help fund the stadium ,education,and health care to make up the difference and they may as well send money to the outstate cities that are drying up because they lack jobs.
It is time that we STOP letting special interest and political correctness get in the way of the peoples will......People love the Vikings and sports in MN. Lets create a funding mechanism that is a choice for people to participate in! Gambling in any form is just that. If you don't want to go to the casino don't go! If you don't want to play pull tabs don't ...But please do not make it against the law for us to support a team and a industry (sports entertainment) if we so choose to! And the fact the Indians have gambling and do not give any back to the HIGHLY taxed Minnesota citizens is just play wrong and should be unconstitutional!
Twins entertain 3.2million fans 80 times each summer. Vikings 425,000 8 times in the fall/winter. They want to tear down a paid for building with a new roof and field that works for everybody but the vikes? And given the above stats they want more than the Twins got? I don't get it. If it's such a great deal Wilf should write the check. If it's not, why should we, because this deal is standing on sand right now. Mpls clearly voted that they wanted a say, and the politicians are trying hard to silence them.
Post a comment
Please be civil, brief and relevant.
E-mail addresses are never displayed but they are required to confirm your comments. All comments are moderated. MPR reserves the right to edit any comments on this site and to read them on the air with attribution. Please read the Terms and Conditions before posting.
You must be 13 or over to submit information to Minnesota Public Radio. The information entered into this form will not be used to send unsolicited e-mail and will not be sold to a third party. For more information see Terms and Conditions and Privacy Policy.
