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How the Casino Deal Breaks the Law - Ohio, 2011
SOURCE: The American Policy Roundtable
June 18 2011

1.) It exempts casinos from the CAT tax

The agreement calls for the State of Ohio to revise state law to exempt the casinos from paying the customary CAT tax. This will circumvent the intent of the voters as it relates to the tax policies in place when the vote was taken in 2009.

2.) It rewrites the licensing fees for casinos

The additional licensing fees are in violation of the expressed prohibition of such additional fees in section 6(C)(2) of the Constitutional Amendment to Article XV approved in 2009.

3.) It legalizes new casino gambling sites

Casino gambling is being expanded beyond Constitutional authority. The 2009 vote limited casino activity to four sites. The Governor has no authority to expand casino activity and essentially pick the winners and losers.

4.) It establishes tax structure for new facilities

The Lottery Commission is expected to promulgate tax policy on casino activities that are not authorized by the Constitution.

5.) It violates the Constitutional boundaries of the 1973 Lottery Amendment

Ohio Voters approved The Lottery in 1973. The intent of the vote was to allow one form of gambling through paper ticket lotteries. During that process there was an attempt to amend the language so that lottery activity could be expanded to casino gambling activity, and that attempt was expressly rejected by the Ohio Legislature.

6.) It does all of the above without Constitutional authority or amendment

The Constitution protects Ohioans from backroom deals. Ohioans made an agreement with the state per the 2009 election. Governor Kasich has stepped over the will of the people by creating his own agreement.

7.) It does all of the above without legal authority of statute via the Ohio Legislature

This process was one of backroom deals and negotiations. The legislative process was circumvented by agreeing to the outcome and making rules based on that outcome before a single word of testimony or single vote was taken.