The slots operators are threatening to sue

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Just as we all used to follow the form of horses – think the Great Depression and the success of Seabiscuit to see we all love a champion – the latest form book covers the race among US states to balance their budgets. Of course, everyone has been focussing on California with Arnold Schwarzenegger leading the charge to the winning post on getting the budget signed into law. He has enough strength for arm twisting and ‘gator wrassling to bulldoze the bill through. But Pennsylvania is just as interesting with the Governor’s office matching California’s use of IOUs by refusing to pay funds to the four state universities. Probably someone somewhere is running a book on which US state will be the first to declare itself bankrupt. These would be the front runners among an alarming number of states lacking initial prudence and the political will to raise taxes, to cut spending, or both.

Anyway, the real point of interest in Pennsylvania is the growing threat of litigation from the group of license holders who run slot machines. When the licenses were first issued, the state sold maximum exclusivity for a high fee (that’s $50 million a license). The enabling law is very clear. No other gambling outlet will be allowed to compete directly with the market for slot machines. At the time, this looked a good deal for both sides. Gambling was a popular activity and the state benefited from a generous input to its finances. Fast forward and the recession has forced people to cut back on their discretionary spending. This means less money to spend on trips to gamble. Ironically, the casino operators to benefit from this have been online. Had it not been for the changes in the law making it difficult to move money into and out of the online casino accounts, they would have cleaned up. So this leaves the current license holders under pressure with building work on some of the proposed casino and resort sites put on hold. While the government finds an expanding black hole eating up its cash reserves as tax revenue falls. The state’s answer is proposals to increase the number of slot machines allowed in the existing resorts and to license new resorts. To the existing license holders, this looks like plans to allow direct competition from new operators. They are up in arms with their attorneys slavering on the end of a short leash, just waiting for the chance to sue.

There’s no doubt slots still represents a pot of gold for both the license holders and the state. The machines are still a big draw even though the recession is biting hard. But this plan looks like an expansion too far. The average spend has dropped. If the state increases the number of machines, this will only spread the same amount of money around more machines. It’s not going to increase the size of the spend. This leaves the state with a growing hole in its accounts and the existing license holders with a good case in contract and constitutional law. With the online casinos introducing new slots games every month and keeping up player interest, this is no time to be fighting over a reducing market in the real world.

Licensing slots in the US

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It used to be so easy when issues were black and white. Alcohol is a wonderful example. If lawmakers decide alcohol is a bad thing, we can have Prohibition. They tried to do this in North America and failed. It continues to be successfully applied in Islamic countries where the public consumption of all alcoholic products is strictly prohibited. But as we have moved through the 20th Century in the modern world, too many people see shades of gray. Now there are two sides to every issue and this drives the way our media report the news. Everyone here has his own opinion. Respect is the new game in town.

In US, in most states lawmakers have been struggling with budget deficits for years. These problems are becoming worse now due to recession. The tax-take from conventional businesses and earned income has dropped with businesses failing and unemployment growing. As property values fall and rates of foreclosure increase, property taxes have also dropped. Many states reacted by taking plans to license slots off the back burner. They want to encourage you to spend what is left of your money on gambling. A tax on the gross revenue of the license holders then keeps the state solvent. But the story in some states gets dark and murky as political influence over the licensing process comes into play.

It should be easy to say which individuals or corporations are fit and proper people to run licensed gambling in the US. But, when it comes to the amount of money to set up sites for slot machines and then the potential for long-term profit, you are suddenly reduced to a select group of people who have the capital and the influence to get the licenses. If only this process worked well! As an example of the problems, let’s go to Maryland where an “independent” commission awarded the first of five licenses to the operators of Ocean Downs, a racing track near Ocean City. The license allows the installation of 800 slot machines on the site. Except the operators have now made some exciting discoveries. It seems there is a small mountain of asbestos to be removed from the site as part of the rebuilding and renovation exercise. Better still, it seems the grandstand is likely to collapse soon. There is major corrosion in the steel holding it up. Put another way, the racing track should have been closed down years ago as too dangerous for the public to use. The link between asbestos and malignant lung cancer is well-known. Gamblers at the race track have been breathing in the fibres for years. If the grandstand had collapsed, hundreds could have been injured. Yet this site was approved for 800 slots.

Corruption comes in many forms. Some is serious, other less so. But the reality is that gambling in general and slots in particular should be run by people who are obviously reliable. No matter how much states may need the additional money from taxing gambling, people’s lives should not be put at risk. That’s both in the physical sense of safety and in the economic sense – there are hundreds of thousands of vulnerable people who destroy their own lives through a gambling addiction. States should protect all their citizens from harm.