Judge gives green light to casino vote

Robert Sandler

Tuesday, June 15, 2004 | 9:06 a.m.

JEFFERSON CITY, Mo. -- A judge dismissed a lawsuit Monday that sought to block Missourians from voting on a constitutional amendment to allow casino gambling in the southwest Missouri town of Rockaway Beach.

With the judge's ruling, the amendment remains scheduled to go before voters statewide on the Aug. 3 ballot.

A group of southwest Missourians had sued Secretary of State Matt Blunt, hoping to get the amendment taken off the ballot on claims it violated existing parts of the state and federal constitutions.

Plaintiffs' attorney Edward "Chip" Robertson previously said he expected the case to go to the Missouri Supreme Court. But lead plaintiff Floyd Gilzow said Monday there was no decision yet on whether to appeal.

Cole County Judge Richard Callahan ruled that most of the plaintiffs' arguments were untimely. Callahan dismissed Some of the plaintiffs' other claims for being factually wrong.

Callahan said courts require ballot measure challenges to meet a high standard to block a vote.

"Generally, claims going beyond the procedure and form of the initiative are not ripe," he wrote.

Blunt spokesman Spence Jackson said the ruling affirmed his view that the secretary of state "is responsible only for determining that the form of the initiative petition meets constitutional and statutory requirements" and ensuring that the petitions have enough valid signatures to go on the ballot. Blunt should not be responsible for determining how the proposal fits into the constitution, Jackson said in a statement.

Plaintiffs argued that the state tax revenue generated by the new casino -- which would go toward poor-performing public schools -- would violate an existing part of the constitution, which requires casino revenue to be spent on "elementary, secondary and higher" education. But Callahan said that claim was not "ripe" for determination.

Even if it were, he said, it would not violate the constitution, as it was "consistent with the general dedication" of money to education.

The judge said questions that the amendment would violate equal protection provisions of the state and federal constitutions by only allowing a casino in only one town along the White River was not "ripe" for a legal ruling because it did not affect procedure or form of the initiative.

The state constitution currently allows casinos only along the Mississippi and Missouri rivers. The proposed amendment would allow one additional casino, along the White River in the 577-person town of Rockaway Beach.

Residents there have voted to pursue a casino as a way to bring year-round jobs with good benefits to an economically depressed area.

Opposition has been led by the business community of Branson, less than a dozen miles away. Branson's business leaders say having a casino nearby would damage the "family friendly" image they have cultivated in the resort town.