THE attorney for the opponents of table games is putting the finishing touches on his lawsuit to try to stop the state from expanding gambling. Lewisburg attorney Barry Bruce expects to file his case in the state Supreme Court early next week.

The Legislature this year approved, and Gov. Manchin signed into law, a bill that allows voters in four counties to decide whether to allow the racinos in those counties to add poker, craps and other table games. The elections are set for June 9.

But Bruce will argue in court that the state's decision to launch table games based on the 1984 Lottery Amendment to the state Constitution is legal fantasy.

The amendment says lotteries must be "regulated, controlled, owned and operated by the State of West Virginia in the manner provided by general law."

How, Bruce will argue, can the state say it "owns" and "operates" the table games when clearly, it is the casinos that run the games.

The new law says the intellectual property of the table games is owned by the state, but Bruce says it's "fiction" for the state to contend it somehow owns the rights to poker.

Bruce also believes he has an equal protection argument.

Under the law, citizens in the county where the racino is located get to vote on table games. The city of Nitro, where Tri-State Racing is located, is half in Kanawha County and half in Putnam County.

How can it be fair, Bruce will argue, that residents of Putnam County, who are a stone's throw from the track, won't be able to vote, while Kanawha County residents 40 miles away can?

Then there is the question of the original intent of the 1984 Lottery Amendment.

Bruce has gathered news articles and comments from legislators at the time who believed the amendment voters approved permitted the original scratch-off lottery games and specifically did not allow casino-type gambling.

The gambling supporters will say they've heard it all before. They will point to the key phrase in the '84 amendment that reads, ". . .in the manner provided by general law."

That phrase, they will argue, means the Legislature is empowered to define what it means to own, operate, regulate and control the games.

The elephant in the room in this debate is the money. Tens of millions of dollars are at stake here -- money for the state treasury, for track operators and investors, and for employees of the tracks.

The state Supreme Court will be faced with a tough decision. It sounds like Bruce is putting together a strong legal case.

But will the Supreme Court agree and make a decision that will start the decline of the commercial and state gambling enterprise in West Virginia?

The court's decision will be a defining moment for the gambling industry and the opponents.

Kercheval is host of TalkLine, broadcast by the MetroNews Statewide Radio Network from 10 a.m. to noon Monday through Friday. The show can be heard locally on WCHS 580 AM.