ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> University of Louisville Law Faculty

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: University of Louisville Law Faculty

Faculty Blogs: Attorney General's Opinion on Constitutionality of Video Lottery Terminals

ADVERTISEMENTS

The opinion of Kentucky Attorney General Jack Conway on whether s. 226 of the Kentucky Constitution prohibits video "slot machines" operated by the Kentucky Lottery Commision was released today.  The opinion (co-signed by my law school classmate Jennifer Black Hans, class of '95) is very well-reasoned and is a text-book perfect model for analyzing both a section of the state constitution (the 1891 section 226) and an amendment to the document (current 226(1) adopted in 1992). 

The opinion concludes that such VLT's are not prohibited by the constitution, a result that is not surprising to anyone who has actually read the text of the prohibition and understands the full sweep of Kentucky history.  The proper context of the prohibition against lotteries is not as a reaction against gambling, but more as a reaction to special privileges.  As such, it should be classed with sections 59 and 60, which ban special and local legislation, because the right to run a lottery was one of the many privileges the pre-1891 legislature doled out to charities and other institutions.  (As a librarian, I'm ashamed to admit that the notoriously corrupt lotteries operated on behalf of libraries probably had a lot to to with the adoption of section 226*).  The delegates to the 1890-91 constitutional convention pointedly refused to bar horse racing (and probably occupied their nights in Frankfort saloons playing cards, perhaps the game of black-jack popularized by Kentucky's favorite son Henry Clay).

A Word version of the opinion (numbered 09-004) can be found on the AG's website; I'm attaching a PDF here.

---

*See esp., Lotteries and Libraries: A History of the Louisville Free Public Library (1944) for a discussion of the trouble engendered by the 1871 library lottery charter.  Such charters granted broad powers to trustees who often ended up with much of the proceeds.

 

Full post as published by University of Louisville Law Faculty on June 15, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0023 secs (from cache 11/03/26 06:31:08)