Louisiana casino-contributions ban overturned

By The Associated Press

11.06.01

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BATON ROUGE, La. — A ban that prevented casino companies from contributing to political campaigns has been declared unconstitutional.

The ruling by State District Judge Timothy Kelley on Oct. 30 opens the door for all casino interests to donate money to Louisiana political candidates or campaigns. Kelley said the free-speech rights of riverboat and land casinos were violated by the law.

The Casino Association of Louisiana, which filed suit in September 2000 to overturn the ban, said its six member corporations will still promote their views by talking with legislators, but the industry is pleased to have more options.

“I don’t know that we will aggressively participate, but we would like to have the opportunity that everyone else has,” said Wade Duty, the group’s executive director.

Gambling opponents said the ruling would open the way for more political influence by casinos.

“Politicians will be bought and sold by organized gambling to a greater degree than they are now, if that’s possible,” said Walter Abbott, Louisiana board member of the National Coalition Against Legalized Gambling. “I have no doubt that gambling will expand exponentially.”

A spokeswoman for the state attorney general, Pam LaBorde, said the state would appeal the ruling. Rulings that declare a state law unconstitutional are generally appealed directly to the Louisiana Supreme Court.

The law prohibited casino license holders, casino companies, casino owners and their spouses, along with casino equipment manufacturers and suppliers, from making political donations. The portion of that law that targeted the video poker industry was overturned two years ago.

Kelley said the state could not limit the free-speech rights of an entire class of people.

“The First Amendment simply does not allow the state to target groups and exclude them from the political process,” he said.

Kelley said the law also failed to pass the U.S. Supreme Court’s two-pronged test for whether limits on campaign contributions are warranted.

The state was unable to demonstrate that allowing casinos to donate to campaigns would bring real harm to the state and was unable to show that placing limits on those contributions would cut the risk of corruption, he said.

Casino companies are prohibited from contributing to campaigns in New Jersey, but that is because all corporate campaign contributions are banned in that state.

Update

Louisiana Supreme Court hears debate over casino contributions
Attorneys argue ban on political donations from gambling interests violates industry's free speech.  05.14.02