CALIFORNIA FOCUS
FOR
RELEASE: TUESDAY, SEPTEMBER 13, 2022
BY
THOMAS D. ELIAS
“BET
ON PASSAGE FOR BIG TIME SPORTS GAMBLING”
If
you’re a gambling man or woman (and two of this fall’s seven California ballot
propositions are about gaming), don’t bet the house against either November’s
Prop. 26 or Prop. 27.
Both
these competing initiatives aim to legalize what once was criminal in this
state. Legalizing onetime vices seems to have become a ballot-box favorite.
The
recent history of marijuana laws makes this clear, as voters first approved
medical marijuana and later okayed full recreational use of the weed, to the point
where it’s now hard to find a city or town without at least one cannabis
dispensary.
The
history of legal gambling in California is only slightly less telling, voters
in 2000 approving Indian gambling on once poor and desolate Native American
reservations by an overwhelming 65-35 percent margin. They later drew a line
and in 2004 refused to allow slot machines in urban card rooms and horse race
tracks.
But
in 2008 tribal compacts vastly expanding the number of slot machines on some
reservations were approved easily.
Now
come Props. 26 and 27, both aiming to legalize sports betting, a huge passtime
from which Californians have been formally excluded. This still sends many
thousands to Nevada for live betting and onto illicit offshore websites for
online wagers.
It’s
still unclear what would happen if both initiatives pass. If there’s a
precedent here, it might be the 1978 battle between the Proposition 13 property
tax limits and milder limits in the rival Proposition 10. In that case, both
passed, with 13 getting more votes and standing as untouchable law ever since.
The betting initiatives differ widely:
Prop. 26 allows sports betting, but in person only at casinos on semi-sovereign
reservations and at four horse race tracks – but not online. It would also
allow casino tribes to sue cardrooms over some games they offer, while okaying
dice games and roulette at Native American casinos.
Meanwhile,
Prop. 27, backed by online giants like FanDuel, DraftKings and BetMGM,
legalizes online and other mobile sports betting, but would see the big
operators each partner with Indian tribes. Fully 85 percent of tax revenue
produced from this would be earmarked for housing and to help solve
homelessness.
Both
measures provide avenues for almost unlimited growth of the interest groups
behind them. It’s hard to see how they could co-exist, so the strong likelihood
is for drawn-out legal battles over which one will govern, if both pass.
So
far, more than five dozen casino tribes are backing Prop. 26, which they see as
their ticket to even more prosperity than they now enjoy. Most likely, more
Native Americans would gain wealth under 26 than with 27, where the bulk of the
money would go to the big gaming companies and a relative pittance to aid the
unhoused.
The
measures promise to make new money for many tribes that already rake in plenty;
there’s precious little to protect gambling addicts from losing whatever
savings they may have.
Today’s
Indian gambling, confined for the most part to reservations, also does little
to protect gamblers from addiction. But at least now they usually must go to
tribal lands to activate their habit.
Cardroom
operators, longtime exploiters of loopholes in restrictive state laws, whine
that if 26 passes, it will prevent them from ever getting into games they now
cannot run, but which remain potential sources of riches.
Their
committee, with the pious-sounding name “Taxpayers against Special Interest
Monopolies,” says 26 would “guarantee tribal casinos a near monopoly on all
gaming in California, adding roulette, craps and sports wagering to their current
monopoly on slot machines.”
All
this leaves little doubt we are seeing a contest between heavily monied
interests over who will become the most wealthy. That’s why, having raised more
than $300 million before the Fourth of July, this campaign figures to become
the most expensive state electoral contest ever, of any type.
The
healthiest response from voters would be to reject both measures, but given the
pent-up demand for sports betting in California and voters’ prior approval of
things long considered vices, that’s not likely to happen. Which means big-time
sports betting will soon arrive here, with a corps of lawyers likely to decide
its eventual shape and scope.
-30-
Email
Thomas Elias at tdelias@aol.com. His book, "The Burzynski Breakthrough,
The Most Promising Cancer Treatment and the Government’s Campaign to Squelch
It" is now available in a soft cover fourth edition. For more Elias
columns, visit www.californiafocus.net
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