Our law suit
LWVPA is participating in a lawsuit against Act 2004-71, the Casino Slot Machine Act, with the Pennsylvanians Against Gambling Expansion coalition, which was filed with the PA Supreme Court by West Long LLC Attorneys on December 10, 2004. A motion to expedite a final judgment was filed on the same day. The attorneys have not had any response from either filing. The respondents named in the suit are the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Minority Leaders House and Senate, and the PA Gaming Control Board. The Pennsylvania Supreme Court has exclusive jurisdiction to hear any challenge or render a declaratory judgment, according to the language of Act 71, section 1904. A few casino operators have asked to be included among those we are suing.

According to the petition, the Constitution of the Commonwealth contains important Provisions in Article III, section 1,2,4,6 and 10 aimed at ensuring that legislation is considered and adopted in the open and in public, and that members of the General Assembly and others are put on reasonable and accurate notice so they may cast their votes in an informed, intelligent and circumspect manner.

On final reading before passage the Act was changed from a one page innocuous assignment of duties to the Pennsylvania State Police to the 145 page Act, legalizing, creating and regulating a slot machine industry taking 6 chapters, 83 sections, 184 lettered and 228 subsections.

How PA fits into the larger U.S. picture
In the United States 39 states now operate lotteries and 34 allow casinos. Hawaii and Utah are the only states with a complete ban on gambling. While several states continue to vote against legalizing casinos, the ability to levy relatively high taxes on gambling operations continues to attract our state governments. In Illinois, top tax rates have reached 70 percent, according to The Economist, “All Bets are on” article September 30, 2004. As the U.S. gambling industry matures, entrepreneurs are looking for new markets in Europe, where most gambling operations are still in small clubs. Online gambling continues to grow, although it is still illegal in this country. The sites operate from off shore locations, mainly from Caribbean Islands. Recently, Antigua won a World Trade Organization case against the U.S. by arguing that U.S. law interfered with its freedom to trade. Economist, op.cit. Lotteries are still the biggest source of gambling revenue, with horse racing coming in second, according to Global Betting and Gaming Consultants, as mentioned in the aforementioned Economist article.

transcript of Jan. 25, 2005, meeting of Pennsylvania Gaming Control Board. http://www.pgcb.state.pa.us/meetings/transcripts/gaming_final_012505.pdf
The document is in pdf format and is 99 pages long.

Update
The State Supreme Court has agreed to hear the lawsuit against the Governor and legislative leaders regarding the way that Act 71 (gambling law, July 4, 2004) was passed. The Supreme Court ordered both sides to submit written briefs by February 25. Oral argument is scheduled for March 9.