Big Game Contracts – Big Legal Mess, Plaintiffs Charge

May 8, 2002 – Columbus, OH…Plaintiffs in the lawsuit to stop expansion of the Ohio Lottery filed an additional motion today to immediately derail the entrance of Ohio into the Big Game / Mega Millions Lottery.   After testimony in Court yesterday from the Ohio Lottery Director it became apparent that Governor Taft acted prematurely when he apparently authorized Ohio Lottery Director Dennis Kennedy to enter into a contractual agreement with states that will conduct rules the Mega Millions multi-state lottery.

HB 405, the authorizing legislation being contested by the Roundtable, The United Methodist Church and several other plaintiffs, specifically requires the direction of the Governor for entrance into a multi-state lottery.  In addition, Ohio law requires certain language to appear on interstate contracts signed by an “authenticating agent” of the Governor.  To date, Lottery Director Kennedy has not been legally designated as an “authenticating agent” with the office of the Ohio Secretary of State.  In addition, to be legal the contract would have to contain language specifically noting Kennedy as an “authenticating agent” duly authorized by Governor Taft.  The current contract contains no such language.  During cross-examination yesterday, Director Kennedy stated that he believed the contract to be binding and in effect.

David Zanotti, a plaintiff in the suit and President of the Ohio Roundtable responded to these discoveries, stating, “ We came to Court convinced that the legislature disregarded the clear language of the Constitution in passing HB 405.   Now we discover the Governor’s office and the Lottery Commission are disregarding specific legal instructions regarding implementing HB 405.  And all of this is being done in the context of a lottery expansion that will handle billions of dollars.  The least they could do would be to get the paperwork right.  This action truly redefines playing irresponsibly with the law."

The plaintiffs contend a clear reading of the Constitutional language authorizing a state lottery in Ohio prohibits the possibility of a multi-state game.  Their claims include that the General Assembly alone has authority to direct the Lottery to enter a multi-state game and concerns regarding the conduct of the game and net proceeds going to education funding in Ohio.  In addition, they are challenging the multi-state lottery provision of HB 405 on grounds that it violates the ‘single issue’ mandate of the Ohio Constitution that limits legislation to items pertaining to a single subject.  HB 405 originated as a bill assisting MRDD in Ohio but became an omnibus budget bill of over 270 pages.

Plaintiffs are again requesting the Franklin County Common Pleas Court to order an injunction that will stop Ohio’s entrance into the Big Game pending.  The Lottery Commission is advertising for the first Big Game / Mega Millions drawing scheduled to begin next week.