Federal slots suit dismissed

Thursday, Aug. 4, 2005 | 9:07 a.m.

PITTSBURGH -- A federal judge has dismissed a lawsuit seeking to overturn the state's slot-machine gambling law.

Developer Charles Betters, who hopes to land a gambling license in Pittsburgh, had claimed that the 13-month-old law unfairly excluded him from vying for one of the seven gambling licenses that are to be awarded to horse racing tracks.

However, in various orders over the past 10 days, U.S. District Judge Gary L. Lancaster dismissed claims made against Gov. Ed Rendell, House Speaker John Perzel, and Senate President Pro Tempore Robert C. Jubelirer, saying they are protected by legislative immunity.

Lancaster also dismissed the suit against state gambling regulators, noting that they have not awarded a single gambling license yet.

Lancaster wrote that Betters might have a better claim against regulators if his application for a license is eventually denied.

A spokesman for Betters' attorneys, David Kosick, declined to comment on whether Betters would appeal the ruling.

Betters also filed a separate lawsuit pending in the state Supreme Court; it maintains that the Legislature unconstitutionally tied the hands of future legislatures by guaranteeing full or partial refunds of the $50 million-per-license fees if certain portions of the law are changed in the next decade.

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