Last Wednesday, October 4, the Nebraska Supreme Court heard a filed lawsuit by Scott Stewart, a Lincoln business owner who opposes expanded gambling. Stewart wants to keep a petition initiative to allow electronic keno off the November 7 ballot.
The high court took the case following a ruling by Lancaster County District Judge Earl Witthoff to dismiss the lawsuit. Witthoff rejected a claim by Stewart that the measure was banned by the state constitution, which limits submitting similar ballot proposals more than once in three years.
Secretary of State John Gale said the keno measure could go on the ballot after Attorney General Jon Bruning said it would violate the three-year rule because, in general, it calls for expanded gambling, and that the keno measure would allow a form of gambling that is not authorized in the constitution.
There area about 140 counties, cities and villages that allow keno, including Omaha and Lincoln.
Stewart's lawyer, J.L. Spray said, "Properly viewed in historical context, the 2004 initiatives and the video keno initiative comprise a coordinated and consolidated effort to expand gambling in Nebraska from simple lotteries for community betterment or business promotions to the proliferation of slot machines and similar devices throughout the state."
The 2004 initiatives sought a change to the constitution, while the 2006 measure seeks only a change in state law, stressed James Overcash, the lawyer representing Gale.
Friday, October 20 , 2006
John Sullivan
