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03/13/2007
Legal Strategy In Table Games Lawsuit
MetroNews Talkline Statewide "Yes. We are going to attack the legislation." The attorney who will represent the West Virginia Family Foundation in its lawsuit challenging the table games legislation says he has a solid case. Barry Bruce says part of the case is focused on the legality of the legislation, itself, based on the Lottery Amendment to the State Constitution passed in 1984. "I believe, clearly, we can demonstrate, through the legislative history of the amendment, that it was absolutely represented to the citizens of West Virginia that it would not include table games." "A representation was made to the citizens of West Virginia that, if table games were to be introduced, there would be a statewide referendum doing so and I concur with Senator Caruth and others who believe that this matter is completely unconstitutional," says Bruce who was a guest on Tuesday's MetroNews Talkline. Bruce says the other part of their case will focus on their argument the table games bill is a violation of public policy, saying the legislation could threaten the welfare of many West Virginians. Bruce has signed on to represent the West Virginia Family Foundation, the group that announced its intentions to file a lawsuit against the table games bill on Saturday night, the final night of the regular legislative session. The bill is now awaiting Governor Joe Manchin's signature. Once signed, it would allow the four racetrack counties --- Hancock, Ohio, Kanawha and Jefferson --- to schedule referendum elections on whether the racetracks can add tables games like roulette to their offerings. The racetracks would pay a 35% tax on table games with that money going to local governments, purse funds, the state and more. |
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