Mississippi justices hear arguments on casino case

Jack Elliot Jr.

Monday, March 13, 2000 | 3:10 a.m.

JACKSON, Miss. - Attorneys for a Caledonia housewife pursuing an initiative against gambling in Mississippi argued Monday that a judge went too far in blocking her efforts to bring the issue to a vote.

Joseph Deprimo, an attorney for Tupelo-based American Family Association Law Center, told Supreme Court justices that Hinds County Circuit Judge James Graves was limited to the initiative's title and summary in a challenge filed by the Mississippi Gaming Association.

Last May, Graves ruled that by law Mississippians must be told the financial impact of constitutional changes, and Elizabeth Stoner's proposal did not include estimated tax losses from casino shutdowns.

Stoner was trying to use the initiative process to get a statewide vote on gambling. In three tries, she was not given a chance to begin circulating petitions for the required 98,336 signatures because of disagreements over wording. Her plan would make casinos and lotteries illegal, if voters agreed.

Deprimo said all Stoner had to do was indicate whether there would be an impact. He said Stoner did that in saying there would be none.

He said any detailed estimate of economic impact comes later after signatures are gathered and that statement must come from state financial experts, not Stoner.

Gaming Association attorney John Henegan said the circuit judge has authority to look at the entire content of an initiative proposal.

"The remedy is simple: go back and write an initiative that complies with the law," Henegan said.

Shortly after Graves' decision, Stoner said with three unsuccessful attempts to get a casino ban before voters, she would not try a fourth time.

"It's clear that the people are not going to have an opportunity to have their voice," she said earlier. "We've made every attempt to take it to the people, but it's not going to happen."