A row of historical horse racing machines at Les Bois Park, a non-Indian racetrack, in Idaho. Photo from Facebook
A law that banned so-called "instant" racing machines must go into effect, the Idaho Supreme Court ruled on Thursday. The Coeur d'Alene Tribe asked the court to enforce Senate Bill 1011, arguing that a veto issued by Gov. Butch Otter (R) was invalid because it was filed too late. In a unanimous decision, the justices agreed. "Here, the uncontroverted facts in the Senate Journal indicate that the Governor did not return S.B. 1011 until Monday, April 6, 2015," Justice Roger Burdick wrote for the court. "Therefore, S.B. 1011 automatically became law with no further action required by the Governor." The decision means Secretary of State Lawerence Denney must certify the new law. About 250 electronic gaming machines will be removed from two non-Indian racetracks. “This pivotal decision reaffirms that even Idaho’s highest elected officials must follow the Constitution,” Coeur d'Alene Chairman Chief Allan said in a press release quoted in the media. “More importantly, this is a big win for the Idaho Legislature because the Court is upholding a law that was passed by a supermajority of both the Idaho Senate and the House of Representatives. This is exactly why our government has checks and balances in place.” In a statement, Otter said he disagreed with the ruling. He didn't say whether the state would appeal to the U.S. Supreme Court. Lawmakers passed Senate Bill 1011 to outlaw the machines after believing they were duped by the racetracks. They said the devices that were installed more closely resemble slot machines rather than ones that allow bets on historical races. Get the Story:
Idaho high court upholds law banning horse racing terminals (AP 9/10)
Idaho Supreme Court rejects Otter veto; ‘instant racing’ machines banned (The Spokesman Review 9/11)
Idaho Supreme Court: Otter’s veto invalid, so law repealing instant racing stands (The Idaho Statesman 9/11) Idaho Supreme Court Decision:
Coeur D’Alene Tribe v. Denney (September 10, 2015)
Summary of Coeur D’Alene Tribe v. Denney (September 10, 2015)
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