Casino Gambling
Casino Gambling
If the New York State Constitution Bans Gambling, Why is there So Much Opportunity to Gamble in New York?

Read the Samuels Plan: Full Whitepaper or Whitepaper Summary on A Proposal to Use the Proceeds of Casino Gambling to Fund Education and Campaign Finance Reform

Governor Cuomo's 2012 Amendment Adds, "and except casino gambling regulated by the state..."

 

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The New York State Constitution bans casino gambling, but New York has:

  • Lotteries, including Lotto, Lotteries, Daily Numbers, Keno and Scratch Off Tickets
  • Parimutuel Betting on Horse Racing
  • Native American Casinos
  • Charity Bingo
  • Racino’s, with casino-style slot machines and video table games that the state deems “Video Lottery Terminals”

All of these are legal through a combination of constitutional exceptions, federal policy on Native American lands and agreements negotiated solely between the Governor and tribal leaders.

As a result, our Constitutional "ban" is not really a ban at all, but merely a roadblock to having casino gambling in New York under a unified regulatory structure that ensures that New York's taxpayers are the prime beneficiaries of casino gambling in our state.

The State Contstitution could be ammended to allow for full casino gambling under state and local control.

 

The constitution is supposed to be the legal foundation of our state, but on casino gambling, multiple amendments and federal preemptions have all but eviscerated the original intent of the constitutional ban on gambling.

But with our state facing an ongoing budget crisis, a severe lack of jobs in many of its regions, and the need for an enhanced base for tourism from which to draw customers, it may be time to reconsider the ban overall.  Could a streamlined and modernized constitutional policy keep more dollars in state, create jobs and generate much needed revenues for our schools, hospitals and other core services?

The increased state funds from gambling could allow us to again be a progressive leader on the issues that matter most to New Yorkers, including education, healthcare and environmental protection. Casino gambling could also be a shot in the arm to get our economy moving again.

In 2010, New York State’s total revenues from gaming were $2.7 billion, most of it from the lottery ($2.2 billion).  Revenue estimates based upon permitting current Video Lottery Terminal locations to offer table games, or on allowing new commercial casinos altogether, range from hundreds of millions to over a billion dollars a year.  In addition, increased business at state-licensed casinos could be a boon to local economies, including the Catskills and Upstate New York, where jobs and new investment continue to be scarce.

The New York State Constitution’s general prohibition against gambling provides that there be “no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling” in the state. The constitution also includes a series of exceptions to this ban to allow lotteries and horse racing, and in recent years federal preemption has allowed the development of Native American-owned casino's.  This, plus the recent opening of multiple racino's which feature slot machines and video table games, has created a gambling industry the falls under multiple regulatory structures at different levels of government.

How did we get to this point in the state’s fundamental legal framework for gambling, and what is its practical effect?

 


ARTICLE I

Bill Of Rights

§9. 1. ... no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling, except lotteries operated by the state ... and except pari-mutual betting on horse races ...AND EXCEPT CASINO GAMBLING AT NO MORE THAN SEVEN FACILITIES AS AUTHORIZED AND PRESCRIBED BY THE LEGISLATURE...

POINT COUNTER POINT
NEWS BEHIND THE CONSTITUTION
12 Action News
Brian Mercer
Tuesday, February 28, 2012
More than 300 jobs could be on the way to Tioga County, but it all hinges on an amendment to New York's Constitution.
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Ithaca Journal
Jon Campbell
Sunday, February 26, 2012
 Lawmakers and Gov. Andrew Cuomo face enormous pressure from lobbyists and advocates this year to finally settle a pair of perennially fractious Capitol debates: How to reform the state's redistricting process and whether casino gambling should...
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Press Connects
Jon Campbell
Saturday, February 25, 2012
 Lawmakers and Gov. Andrew Cuomo face enormous pressure from lobbyists and advocates this year to finally settle a pair of perennially fractious Capitol debates: How to reform the state's redistricting process, and whether casino gambling should...
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The Saratogian
Paul Post
Sunday, February 19, 2012
SARATOGA SPRINGS — A study released last week says the state’s nine racetrack casinos have a nearly $2 billion economic impact and account for more than 17,000 jobs.
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The Oneida Daily Dispatch
Michael Gormley
Wednesday, January 4, 2012
“If the governor, the state Legislature and a majority of New Yorkers decide that the best course is to permit casino gambling in New York City, the Catskills, Saratoga, the Adirondacks and so on, that’s their choice,” Seneca Nation...
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OPINION EDITORIALS ON THE CONSTITUTION
Newsday
Editorial
Friday, March 16, 2012
 First of an occasional seriesProhibition didn't work well in New York State, but it would have fared even worse if alcohol had been legal in Connecticut, New Jersey and Pennsylvania. And if our laws forbidding...
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Post Star
Editorial
Sunday, September 18, 2011
"As we've said, legalizing casino gambling in New York isn't necessarily a terrible idea.It has the potential to create hundreds of jobs in economically depressed areas and to boost the year-round tourist economies of places like Lake George...
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New York Post
Editorial
Monday, August 15, 2011
"It’s certainly worth considering. And, fortunately, there’s plenty of time to debate the larger issue -- whether legalized gambling in New York, overall, should be dramatically expanded." 
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Daily News
Editorial
Thursday, August 11, 2011
"The idea that casinos would lure high rollers from other states is a long shot at best. More likely, they would cater to homegrown gamblers, creating only the illusion of economic development."
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SOLUTIONS
Amendments proposed in the New York Legislature either currently or in the past that are worthy of note.
A selection of relevant solutions from other states.

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