The Tolbert Report

Arkansas voters are not always consistent in their voting.  When it comes to political parties, some have called us the reddest blue state or the bluest red state.  But one thing voters have been consistent on is that they do not want casinos in Arkansas.  Every time a casino issue has made it to the ballot, it has been rejected by the voters.  Unfortunately, this does not mean we will not get them here in Arkansas.

In fact, we already have a couple casinos operating in Hot Springs and West Memphis.  This all began in 2005, when the powerful lobbies of Oaklawn and Southland Park put forward their Senate Bill 999 which became ACT1151 of 2005.  This bill flew through both chambers of the legislature in eight days, which is a near record time especially for a controversial bill, with very little discussion.  Of course, at the time we were assured that this only authorized “electronic games of skill” (EGS) and this would not open the doors to casino gambling.

The problem with SB999/ACT1151 was it left the decision as to what constitutes an EGS up to the Racing Commission, which hardly exercises strict regulation.  The definition of EGS under the act is “games played through any electronic device or machine that afford an opportunity for the exercise of skill or judgment where the outcome is not completely controlled by chance alone.” Within two years, Hot Springs and West Memphis both approved these “games of skill” and video poker, blackjack, and games that look a lot like slot machines went operational.  Roby Brook reported last week that EGS wagers at Oaklawn and Southland Park had dramatically increased with $66 million raked in May 2009 alone.

If we learned nothing from this experience, it should have been that the legislature’s promises while passing gambling legislation quickly evaporates when the decision get turned over to the regulatory commission.  For the Arkansas Lottery Commission, this is even more magnified by the fact that generating the maximum profit to fund Arkansas scholarships is the commission’s primary purpose.  That is why it is not surprising that this week Commission Director Ernie Passailaigue began talking about “monitor games” such as “Texas Hold ‘Um” as well as keno.

Controversy quickly followed with Jerry Cox of Family Council warning that Arkansas is “well on the way to state-run casinos.”  Even usual Cox critic Max Brantley admitted “Jerry Cox is right” with a series of posts on his blog explaining that “it turns out the law was intentionally written vaguely and included an override of an old state law outlawing all manner of gambling ranging from keno to roulette to wagering on horses.”  Cox warned his supporters in an email today “Unless (state legislators) pass additional legislation to reign in the newly hired director and the Lottery Commission, Arkansans may find themselves awash in a sea of gambling with mini-casinos popping up in local convenience stores, restaurants, and even on Main Street.”

Not to be overdone, House Speaker Robbie Wills fired back on his own blog saying “this ‘Keno’ issue was in the earliest draft of the bill  and was openly discussed in detail by me at the joint meeting of the Senate State Agencies/House Rules Committees on Wednesday, February 18 long before the bill was in its finished form.  The room was packed and every media outlet in the state was there.” He goes on to say that “If you weren’t there or weren’t paying attention, that’s not our fault.”  Hmmm.  Sorry, my flip cam can’t be everywhere.  Perhaps if we put these committee meetings online. But I digress.  Wills finally concludes with the brilliant “I personally don’t care if the Lottery Commission offers Keno.”  Thanks Robbie, but some of us do. 

Wills follows up with another post today educating us on the details of the different types of lottery games.  His description of “monitor games” and “instant ticket” games certainly sounds an offal lot like a casino to me, with groups of people at one location playing “scratch off games based on Blackjack, Bingo, Slots, Craps, and Poker.”  Wills insists that “In spite of the themed games above, the Arkansas Scholarship Lottery has not opened the door to casinos.  The lottery law specifically prohibits the Lottery Commission from conducting casino gambling.  Period.” 

Of course, in Robbie’s world, the picture to the right of Southland Park is not a casino either, just a “games of skill.”  Sorry, Robbie, we were fooled once with SB999; we are not following for it again.