Idaho high court: Gambling initiative should go before voters

By The Associated Press

08.29.02

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BOISE, Idaho — The Idaho Supreme Court yesterday unanimously upheld the voters' right to decide the future of gambling at reservation casinos.

The court dismissed the petition from Kimberly Sen. Laird Noh, Jerome Rep. Maxine Bell, Cassia County Commissioner Paul Christensen and others asking the court to determine the constitutionality of the initiative.

The measure would clearly legalize about 3,000 electronic gambling machines already in use on the reservations.

But the court decided that any question of constitutionality is moot, because the initiative has yet to go before voters and become law.

Justice Gerald Schroeder wrote that because the Indian Gaming Initiative may not become law, there is no issue for the court to decide.

"This Court should not interfere with the initiative process ... just as it should not interfere with the legislative process of the Legislature of the State of Idaho," wrote Justice Wayne Kidwell, who "specially concurred" with the ruling.

Rob Smith, an attorney for the Nez Perce Tribe, said the decision was a victory for Idaho voters.

"Obviously, we're very pleased that the Supreme Court decided unanimously that Idaho voters have the right to vote on Proposition One. This will allow the tribes to continue to preserve jobs and economic benefits for communities in Idaho," Smith said.

Noh said he is disappointed, but expected the case to go either way in court.

"The groundwork has been laid, and on the positive side, bringing this suit raised the level of public awareness about the fundamental issues that are involved in this initiative," Noh said.

"That was one of the goals, since the tribes have already spent well over a million dollars in advertising and public relations to shape opinion in their direction."

Noh said media coverage of the case provided the same amount of public exposure as tribal ad campaigns.

"I think the Idaho public has good judgment about this, but whenever you come up against millions of dollars in gambling money and very sophisticated media campaigns, it makes it a challenge," he said.

If the initiative is passed this fall, said Noh, he will be back in court.

"The most important thing eventually is to win the war, as opposed to the battle."

There is only so much discretionary money to go around, Noh said. And cash spent at the casinos is revenue that won't be going to local businesses. He also said casinos result in a greater need for public social services for the gamblers and their families.

The initiative would curb the increase in machines and earmark 5% of profits for state activities off the reservation.

It also would remove the electronic machines from being classified as instruments of casino gambling, which is prohibited by the Idaho Constitution. The machines are largely responsible for making tribal casinos so lucrative.

A University of Idaho study funded by the tribes found that Idaho's Indian gaming facilities support 4,455 jobs in the state, attract more than one million out-of-state visitors annually, and generate $83 million in wages and earnings, $250 million in sales, and $10 million in state and local taxes each year.

Smith said he expects the initiative to pass on Nov. 5.

"We've known all along how important it is to win this case and continue to educate people about the importance of this measure, protecting the people's most cherished right to enact initiatives and vote on them," he said. "We are confident that the people of Idaho will vote yes."