I. Nelson Rose
Professor of Law, Whittier Law School
Home Office: 17031 Encino Hills Drive
Encino, California 91436
Fax: (818) 788-3104
Web Site: www.GamblingAndTheLaw.com
Gambling and the Law®: Status of Gambling Laws
© Copyright August 3, 2003, all rights reserved worldwide. Gambling and the Law® is a registered trademark of Professor I. Nelson Rose, Whittier Law School, Costa Mesa, California.
NOTE – In the spirit of full disclosure: I have been writing on legal gambling for 25 years and have been a consultant and expert witness to governments and industry in many of the legal developments discussed here. Most recently, I was appointed to the Gaming Policy Advisory Committee, created by the California State Legislature in the Gambling Control Act. The opinions and observations expressed here are my own and do not represent the official positions of any government, company or other entity.
The following are American jurisdictions having recent activity concerning legal gambling.
* States and territories with gaming devices, including Video Lottery Terminals (“VLTs”), are marked with an asterisk: *
! States with at least one casino (defined as having both banking card games and slot-like machines) are marked with an exclamation point: !
UNITED STATES – Bills to restrict Internet gambling are going further, but have not been able to make it through both houses of Congress. The question of whether the Secretary of the Interior can approve tribal casinos over a state’s objections remains unresolved. In Nov. 2001, the U.S. Supreme Court ruled tribes, unlike states, must pay federal excise and occupational gambling taxes. The Court ruled federal laws against casino broadcast commercials were unconstitutional; state prohibitions may still be valid. The embarrassing National Gambling Impact Study Commission has come and gone and been forgotten; its Final Report was filled with factual errors. Sen. Harry Reid (D-Nev.) has so far stopped bills to outlaw state-licensed sports betting.
* ALABAMA – Gov. Don Siegelman (D.) lost reelection by a squeaker. He opposed casinos, but supported creating a state lottery for education; the new Governor, Bob Riley (R.), a staunch conservative, opposes legal gambling. Four years ago Siegelman ousted incumbent Gov. Fob James, Jr. (R.), on the lottery issue, but conservative religious groups converged on Alabama and defeated the proposed constitutional amendment in Oct. 1999. The House is considering a bill to amend the State Constitution to allow lotteries; the real goal is six casinos to compete against tribal gaming. The Poarch Band of Creek Indians have three non-casino casinos with supposedly Class II table bingo games and gaming devices which take and dispense cash. Adult arcades and the state’s four struggling four dog tracks have machines which in take in cash but pay out in tokens or coupons. A state judge has ordered the machines in the arcades closed and allowed a class action suit to recover losses to continue. The floundering dog tracks gained simulcasting through the State Legislature, but a bill allowing slot machines failed.
ALASKA – Ideas for video gaming have been floated, but worries that this would allow Native casinos will probably kill any deal. Natives of Alaska are not Indians under the Indian Gaming Regulatory Act (“IGRA”), but Sen. Ted Stevens (R.) proposed an amendment to allow Alaska native regional corporations to be treated as tribes. The Associated Press reported on May 11, 2003, that the state has a large number of compulsive gamblers, even though the only forms of legal gambling allowed are bingo, pull-tabs and lotteries “on such natural events as breakup on the Tanana River,” run by municipalities and nonprofits. Proposals to allow cruise ship gaming and the Klawock band of Tlingit Indians to open a full casino on remote Prince of Wales Island have gone nowhere.
!* ARIZONA – Prop. 202, sponsored by outgoing Gov. Jane Hull and 17 gaming tribes, won 51.6% in Nov. 2002; competing proposals from the tracks and the Colorado River Indian Tribes in the most expensive campaign in the state’s history were soundly defeated. Janet Napolitano (D.), who supported Prop. 202, will be governor, defeating anti-gambling Matt Salmon (R.). Lawsuits, will, of course, continue, but the tracks have lost some political influence. Arizona’s casino gaming will look much like today’s, only bigger: up to 29 casinos, 998 slot machines per tribe with a statewide cap of 15,675, 100 blackjack and poker tables per casino, $25 slots, $500 blackjack, $75/$150 poker, non-gaming tribes may transfer their slot allotments. Voters approved extending the state lottery, again. The Ninth Circuit reversed a lower court, ruling the Governor can negotiate compacts. The Legislature had authorized the governor to renegotiate, although demanding the compacts deal with ATMs, credit cards, advertising to minors, a problem gambling hotline number, and a voluntary self-ban for problem gamblers. The Legislature and Governor also approved raising the gambling age from 18 to 21 for all forms of gambling.
ARKANSAS – Staunch anti-gambling Gov. Mike Huckabee (R.) was reelected, 52%-48%. The A.G. has approved a proposal to amend the State Constitution to allow a State Lottery and casinos in nine counties, but a court challenge remains. On Nov. 7, 2000, voters defeated, 65% to 35%, the last initiative for widespread casinos, charity raffles and bingo, and a State Lottery. Similar competing constitutional amendments had been tried in 1990, 1994, 1996 and 1999. Some gathered enough signatures, but the State Supreme Court found all but one other initiative misleading. That one lost 62% to 31% in Nov. 1999, due to the state’s active religious organizations and opposition from Mississippi’s casinos. Rep. Jim Lendall (D.) introduced a bill to have the state spend $3,000 a year buying other states’ lottery tickets. It did not pass.
!* CALIFORNIA – In Aug. 1999, the State Supreme Court, quoting my 1986 book, Gambling and the Law, ruled Prop. 5 violated the State Constitution’s ban on Nevada- and New Jersey-style casinos. Gov. Gray Davis (D.), the Legislature, unions and tribes put another proposal together: Prop. 1A, approved by voters on March 7, 2000, amended the Constitution to give tribes a monopoly on full casinos at almost no cost. Prop. 1A has been upheld by state (suit brought by Larry Flynt) and federal judges. The Ninth Circuit rules against a tribe that wanted even more. The Davis compact allows every tribe to have two casinos and up to 2,000 slot machines. It also has an incomprehensible formula capping the state total at anywhere from 43,000 to 113,000 slots, no limit on table games. In March 2003, tribes officially started renegotiations for more slots. Faced with an unbelievable $38 billion budget shortfall, Davis, facing a recall election for his corruption and incompetence, is now asking the tribes to share – a little late. The Davis compact also allows a tribe to have 349 slots, or a casino in another state, and still receive $1.1 million as a “non-compacting” tribe. Rep. Miller (D.) snuck a “Technical Correction” through Congress, allowing the landless Lytton Band of Pomo Indians to turn the San Pablo card club into an urban casino near San Francisco; suits continue. At present, more than 50 casinos with more than 50,000 slots take in at least $3.5 billion a year. California will soon be second only to Nevada in casino revenue. Tracks also will push for slots; attendance at Golden Gate Fields dropped 40% in ten years, but voters will not approve amending the Constitutional again. Advanced Deposit Wagering started in 2002; Californians can now make bets and tracks take bets ($66.3 million in the first six months), including from other states, on horse races by phone and Internet; it has not hurt attendance at the tracks. Tribes defeated in committee a proposed ban on other forms of Internet gambling.
!* COLORADO – Incumbent Gov. Bill Owen (R.) trounced his opponents. He favors the status quo on gaming and lotteries. A proposed initiative for the Nov. 2003 ballot for racinos will probably fail. Voters approved a constitutional amendment in 1990, allowing casinos in Central City, Black Hawk and Cripple Creek; but, overwhelmingly rejected adding new towns or slot machines in airports in 1992, 1994 and 1996. The 42 $5-maximum bet casinos with blackjack, poker and slot machines in bring in more than $600 million (there are two more on Indian reservations). Then-Gov. Romer vetoed legislation in 1997 to let dog and horse tracks have gaming machines. Widespread gray market video gaming devices pay off – when police are not around.
!* CONNECTICUT – The state has compacts with two tribes, but the Legislature and reelected Gov. John G. Rowland (R.) believe, incorrectly, that they will prevent more Indian casinos by repealing the charity Las Vegas night law and simply refusing to negotiate any new compacts. The state is challenging federal recognition of two factions of Eastern Pequots as a tribe. Five more tribes are close to getting federal approval. The non-recognized Golden Hill Paugussett tribe wants a casino and a large part of the state. The state gets 25% of net slot win (nothing from table games) from both the Mashantuckett Pequots and the Mohegans; so far, the state has received more than $1 billion. The compacts lack any limits, so both casinos keep growing. Either the Mohegan Sun or Foxwoods might be the largest casino in the world: each has more than 300,000 square-feet, 6,500 slot machines, 370 table games and 40,000 daily visitors. The two casinos win more than $1.5 billion a year, making them one of the largest casino markets in the U.S. Legal gambling has surpassed corporate income tax to become the third largest source of revenue in the state budget, behind the personal income tax and the sales tax. Connecticut’s last jai alai fronton closed in Dec. 2001; Hartford closed in 1995 and Bridgeport fronton was converted to a dog track.
* DELAWARE – A 1994 law allowed each of the state’s three racetracks to have up to 1,000 VLTs. The Legislature is considering adding sports betting to its racinos. The State ran an unsuccessful Lottery based on pro football games in 1976 and is thus exempt from the federal ban on sports wagering. But the Legislature defeated proposals for riverboat casinos and a casino with 2,000 slots on the New Jersey side of the Delaware River. The Legislature keeps raising the number of permitted machines. Delaware Park and Dover Downs each have the state’s present limit of 2,000, Harrington has 1,151. Racinos have been good for the tracks: Large purses have made Harrington (Midway) a national leader in harness races. Three-quarters of the Lottery’s revenue now comes from VLTs.
FLORIDA – Reelected Gov. Jeb Bush (R.) will continue his opposition to the expansion of gambling. Senate President Jim King (R.) is pushing for VLTs at the state’s 32 horse tracks, dog tracks and jai alai frontons, but House Speaker Johnnie Byrd (R.) and Gov. Bush are opposed. Backers will lose millions of dollars in another doomed initiative drive for racinos. A $17 million casino initiative lost big in 1994. Boxing promoter Don King is the latest to throw away his money. The Seminoles have four bingo halls/casinos with video gaming devices, without compacts. At least 20 casino ships operate cruises-to-nowhere out of Florida’s ports. Court decisions allow the state and even local governments power over the ships; an anti-gaming bill aimed at cruise-to-nowhere operators was defeated in Aug. 2000.
GEORGIA – Newly elected Gov. Sonny Perdue (R.) opposed video poker and Indian gaming and is not even a fan of the state’s enormously successful state lottery. The state also has charity bingo and raffles. Three gaming ships were sailing into international waters (three miles out) for day-trips-to-nowhere, but may be sunk by state law. The Kialegees in Oklahoma want to return to their traditional land and open a casino. This will not happen, because the Governor and Secretary of Interior would have to approve.
HAWAII – All commercial gambling is outlawed (social gambling is legal), but each year dozens of bills are introduced to legalize casinos or a State Lottery. The Legislature may approve a non-binding election on what type, if any, gambling voters want. Former-Gov. Ben Cayetano never got his statewide vote on a constitutional amendment to allow a single casino. A proposal for the state’s employee retirement system and Office of Hawaiian Affairs to own a casino in Las Vegas aroused strong opposition. The Legislature may eventually approve casinos on cruise ships. In Dec. 2000, Congress amended the Johnson Act to prohibit casinos on voyages between the islands.
* IDAHO – In Nov. 2002, voters gave Indian gaming a partial victory, letting tribes have 3,000 VLTs. But, incumbent Gov. Dirk Kempthorne (R.) beat Jerry Brady (D.), who was more in favor of tribal casinos. The Idaho Supreme Court dismissed a suit, alleging VLTs are prohibited by the State Constitution’s ban (added in 1992 to specifically prohibit Indian casinos) on slot machines. In March 2001, the State Legislature refused to ratify Kempthorne’s compacts with three tribes. In March 2002, the Ninth Circuit temporarily reinstated the Coeur d’Alenes telephone and Internet lottery. The tribe now has a 65,000 square foot non-casino casino, with bingo, 1,400 gaming machines (allegedly Class II), blackjack played with lottery cards, and mechanical horse races. Bars in Treasure Valley had to remove gaming devices in May 2001.
!* ILLINOIS – Democrats won the governor’s race and took control of both houses. Gov. Rod Blagojevich first approved the highest casino tax in the country, 50%; this year he and the Legislature pushed it to 70%, on adjusted gross receipts over $250 million. Blagojevich even wants the state to own the casinos; he got a law through allowing it to keep the 10th license. Developers are canceling casino projects, scared of both the high tax rates and the uncertainty. Mayor Richard Daley wants Chicago to be the first city to own a casino, but Blagojevich says he will veto any budget that includes an expansion of gambling. The Constitution was amended in 1990 to allow the Legislature to authorize up to ten riverboat casinos, each with a maximum of 1,200 gaming positions. There is constant political pressure to expand, especially with one license and 3,500 gaming positions authorized but unused. All nine riverboat casinos ceased sailing in a day after former-Gov. Ryan signed a bill eliminating cruising. The State Supreme Court will hear a challenge to the sale of the 10th license, which could impact the dockside gaming law. In FY 2001, even before the tax hike, the state made more than $1 billion from gambling. The state’s troubled racing industry gets 15% of the casinos’ adjusted gross revenue ($1.7 billion in 2000). A proposal for slots at O’Hare and VLTs in bars will go nowhere as will the Ho-Chunk tribe’s proposal for a casino near Chicago.
!* INDIANA – No changes in the Legislature, which means the new high tax rate on riverboat casinos will stay. A House committee approved a bill to allow 750 gaming devices at the state’s two horsetracks, Indiana Downs and Hoosier Park, and 1,500 at each OTB. A prior bill to permit racinos died after House Speaker B. Patrick Bauer discovered Albert Shumaker, who contributed $25,000 to his campaign, wants to buy 5% of Hoosier Park. Riverboat casinos opened in 1995, after the State Supreme Court held the law constitutional. The Legislature authorized 11, the last to be in Orange County. The ten riverboat casinos will win more than $2 billion in 2003. All ten immediately switched from cruising to dockside gambling when the law was changed in 2002, gaming win increased 24.4% in the first month, and they now are able to be open 24/7. Riverboat admission charges help subsidize the state’s horse racing industry. Gary mayor Scott King thinks, incorrectly, that the city can get a tribal casino by a settlement of land claims of the Miami tribe of Oklahoma. A study released in 1999 found gambling is the state’s fifth largest source of revenue. The Senate voted to allow candidates to accept contributions from casino owners, but the House killed it. The Legislature still won’t let the State Lottery offer Keno.
!* IOWA – By a landslide, voters in Nov. 2002 opted to keep casinos and racinos for eight more years, in all 11 counties that had the issue on the ballot. Slots are legal at one horse and two dog tracks, in three Indian casinos and on ten riverboat casinos. Gross gaming revenue is close to $1 billion a year. In June 2003 another county, Worth, voted to allow riverboats. Gambling is the state’s fourth largest source of income and Republican legislators are looking at allowing three more casinos and video poker and table games at tracks. The U.S. Supreme court overruled the Iowa Supreme Court, and held it was constitutional to tax racino slots at a higher rate (36%) than riverboat casino slots (20%). The successful Prairie Meadows makes 98% of its revenue from slots. The National Indian Gaming Commission took the unusual step of closing the Meskwaki’s casino due to the tribe’s internal political fighting. Gov. Vilsack (D.) fired most of the Racing and Gaming Commissioners for exceeding their authority when they passed regulations that prohibited casinos from expanding, banned credit card ATMs and barred new licenses; but he let the regulations stand. A court ruled the Commission had exceeded its authority. More cities are looking into casinos, if a moratorium on new licenses is lifted. Only the State Lottery, not charities, can sell pull-tabs.
!* KANSAS – Pro-gambling Kathleen Sebelius (D.) defeated anti- Tim Shallenburg (R.) for governor. Bills to expand gaming have been introduced, from slots at tracks and Lottery outlets to a casino at Dodge City’s Boot Hill Museum. The Legislature probably won’t pass any, though the Senate almost approved allowing full casinos in all 105 counties. Prior attempts to put slots at the state’s two dog and one horse tracks failed. Camptown Greyhound Park closed, again; but may reopen, if it can have slots. In Summer 2000, Greyhound Park in Wichita opened a drive-through betting window. Tribes want to keep their monopoly; they operate four casinos, under compacts, at White Cloud, Mayetta, Horton and Powhattan. Although the compacts were reported to exclude electronic gaming devices, tribal casinos have slots as well as table games. The Delaware Tribe, forcibly removed to Oklahoma around 1868 but with no reservation, wants to move back to Lawrence to open a casino. In a highly questionable move, the U.S. Dept. of Interior approved a casino for the Miami Tribe, despite vocal opposition from former-Gov. Graves. The state has filed suit. The Legislature renewed the State Lottery in 2001, which would otherwise have expired in 2002.
KENTUCKY – The Legislature remains split, with Republicans controlling the Senate and Democrats the House, stymying Gov. Patton’s less-than-whole-hearted push for casinos or racinos to help fix the state budget. Previously, he proposed, without endorsing, up to 14 small state-owned casinos on its borders, on a local-option basis. A state-commissioned independent study instead recommended eight casinos near major cities. A proposal for VLTs to save the state’s racetracks, facing competition from neighboring states’ riverboat casinos, created heated debate in the Legislature, but could not get out of committee in 2002 and will probably fail again in 2003. Rep. Tom Burch proposed Kentucky get a state submarine to sink Indiana’s riverboat casinos. A statewide referendum to amend the Constitution to bring in casinos did not pass, due to church opposition. Kentucky charity bingo is bucking the national trend by growing despite competition from nearby casinos. Kentuckians spend more than $1 billion each year on out-of-state gaming.
!* LOUISIANA – Former Gov. Edwin Edwards was convicted of racketeering for manipulating riverboat casino licenses – I was designated an expert witness by the U.S. Dept. of Justice. No major changes in the Legislature. Yet another proposal for more slots, this time at fair grounds. On April 1, 2001, cruising not only ended, it became illegal for riverboats to leave their docks. But in August 2002, the Louisiana Gaming Control Board rejected plans by Pinnacle Entertainment, winner of the 15th and final license, for a barge casino, similar to Mississippi’s. Courts blocked a referendum for a riverboat casino in Cameron Parish. The Dept. Of Interior rejected a compact between Gov. Mike Foster (R.) and the Jena Band of Choctaw Indians to put, and tax, a tribal casino closer to the Texas border than four state-licensed riverboat casinos in Lake Charles. Patrons think employees know when slots are hot, so the Board is considering making it a crime for employees to play video poker where they work. In 2000, the State Legislature legalized telephone bets for races at the New Orleans Fair Grounds. Harrahs opened the first permanent casino in the heart of a large American city in New Orleans in Oct. 1999, four years after its temporary casino went bankrupt; it declared bankruptcy again in Jan. 2001, blaming the $100 million minimum state tax. More than 25 million visitors spent $1.95 billion at Harrahs and on 14 riverboat casinos in FY 2002. Some State Senators wanted to tax the state’s three tribal casinos. The Chitimacha Tribe use to pay a tax of 6% to local governments; now it has a compact and is voluntarily giving $10.5 million, which, coincidentally, equals 6%. In Nov. 1996, 31 parishes voted to keep video poker machines, 33 parishes voted them out. More than 4,800 gaming devices were shut down, leaving about 15,000. Three more tracks are trying to get around the two-thirds vote requirement to add slots; Delta Downs wants 1,200; but a Senate committee has approved a bill eliminating video poker from all tracks. Truck stops now are limited to 50 machines, and they have to sell gasoline! A Senate Committee has approved raising the maximum bet to $20 on video poker machines in bars, restaurants, hotels and truck stops. The State Supreme Court upheld legislation raising the gambling age from 18 to 21. It also upheld a ban on casino contributions to political campaigns; the U.S. Supreme Court refused to hear an appeal.
MAINE – The Legislature approved slots for the state’s five OTBs. One initiative, to let the Passamaquoddy and Penobscot tribes have a casino, made the Nov. 2003 ballot. I doubt the voters will approve. A bill was introduced to allow any organization to have casinos if the tribes win. The towns of Fairfield, Sanford and Princeton approved casinos in nonbinding elections, but 13 other towns have taken action against casinos since Spring 2002, according to MaineToday.com (11/7/2002). In June 2003 Bangor voters said yes to slots at the Bass Park track. New Gov. John Baldacci (D.), will be not nearly as anti-gambling as outgoing Gov. Angus King, but he spoke of his opposition to casinos at his inauguration. Maine has a commission to study the impacts of casinos. Charities can offer limited dice and card games, including blackjack. Some, illegally, also have video poker. A bill has been entered to make the machines legal. On Nov. 7, 2000, voters decided not to allow up to 1,500 VLTs at Scarborough Downs racetrack.
MARYLAND – Rep. Robert Erlich Jr.(R.) was elected governor, in a major victory for racinos. He favors putting 11,500 VLTs at the state’s three existing and one planned tracks to compete with nearby Delaware’s and to lessen the budget deficit. He wants the gaming tax to be 54%, which would be among the highest in the nation, although down from his original 75%. He defeated Kathleen Kennedy Townsend (D.), and replaced Gov. Parris N. Glendening, both opposed to legal gambling. So far, the Legislature has balked, although it will eventually go along, after it conducts yet another study. A statute allows phone wagers and tracks want implementing regulations; the real goal: Internet betting.
MASSACHUSETTS – A study found that, yes, casinos make money. New Gov. Mitt Romney (R.), new Senate Ways and Means chairwoman Therese Murray and others want Connecticut and Rhode Island to pay Massachusetts $75 million to NOT have casinos – economically correct, politically impossible. In April 2003, the House killed bills to let tracks have slots. A bill for a full casino for Suffolk Downs near Boston or Holyoke, which voted 59% – 41% pro-casino in a non-binding referendum, won’t pass. The Legislature and former-Gov. Jane Swift may have saved the state’s four horse and dog tracks by allowing them to take bets on races around the country by phone. On Nov. 7, 2000, voters rejected a proposal to end dog racing. Eventually, the Wampanoags will have a casino. Then-Gov. Cellucci would only negotiate Class II gaming; in 1997, the Legislature killed a deal between then-Gov. Weld and the tribe for a casino in New Bedford, rather than on their inaccessible reservation. A court has upheld the right of local governments to regulate or prohibit cruises to nowhere. To save charity bingo, the limit on progressive jackpots was raised from $500 to $3,000.
!* MICHIGAN – Jennifer Granholm (D.) edged out Dick Posthumus (R.) for governor, neither was in favor of expanded gambling. The House has approved turning the state’s seven horse tracks into racinos. In Nov. 1996, voters approved three casinos for Detroit, despite the strong opposition of then-Gov. John Engler – the first time in American history that citizens of a state voted to allow new high-stakes casinos in the face of active opposition. On July 29, 1999, Detroit became the largest city in the U.S. to have a land-based casino – the MGM Grand’s $235 million temporary facility has 75,000 square feet of gaming, 2,300 slots and 80 table games. Detroit’s three casinos, MGM Grand, Motorcity and Greektown, took in more than $1 billion in 2002. In Jan. 2002, a Sixth Circuit panel ruled 2-1 the preference given two companies unconstitutional, but the trial judge still said the licenses do not have to be rebid. Michigan signed compacts with 11 tribes, resulting in 17 casinos; Soaring Eagle Casino has 4,300 slots and 100 table games. Charity bingo revenue is down 26% in six years; so, the Legislature approved progressive jackpots. The limits on “Millionaire Parties,” casino nights, were raised from a $2,000 prize limit to total chip sales of $15,000. A new statute had to be amended to make Internet gambling illegal, after I wrote that the first version accidentally legalized online wagering conducted by the State Lottery and state licensed operators.
!* MINNESOTA – The U.S. Senate race between the Norm Coleman (R.) and former Vice-President Walter F. Mondale (D.) attracted international attention. Little noticed was another Republican victory: Tim Pawlenty won the gubernatorial race with only 44%. The state has 18 Indian casinos. The Legislature will consider proposals, which will go nowhere, to legalize sports betting (in violation of federal law), allow slots in bars, and open state-owned casinos, including one for the Minneapolis-St. Paul International Airport, limited to passengers, and a state-tribe casino for St. Paul. The first state-licensed card club opened April 19, 2000, at Canterbury Park in Shakopee, doubling the track’s net income, even though it competes with the huge Mystic Lake Casino. The Legislature refused to allow a casino Constitutional amendment on the ballot, so its 50 tables offer only poker and player-banked games, like pai gow poker – no blackjack or slots; although a bill to allow 2,000 slots is pending. Maximum opening bets $30, raises $60. Bar games, particularly charity pull-tabs, are very big: about $1.5 billion in sales in 1999.
!* MISSISSIPPI – Who would have predicted Mississippi to become the third largest (non-Indian) casino state? Gross gaming revenue is $3 billion, about 80% from more than 35,000 slot machines. State law allows an unlimited number of dockside and riverboat casinos; 41 opened, 29 remain (12 on the Gulf Coast and 17 along the Mississippi). Casinos spent $3.6 billion in 2001, a major factor in the state’s economy. This does not include the politically powerful Choctaw Tribe’s large Silver Star and Golden Moon casinos. The State Supreme Court ruled that race and sports books are still illegal, despite provisions in the Gaming Control Act specifically allowing “sports pools.” It also threw out the third attempt by casino opponents, led by “anti” activist Elizabeth Stoner, to ban gaming by initiative. A regulation allows casino employees to play everything but progressive slots. The Court reiterated that amusement machines which dispense valuable coupons by chance, upon the insertion of a coin, are illegal slot machines.
!* MISSOURI – Faced with a budget crisis, Gov. Bob Holden (D.) tried and failed to raise riverboat casino taxes from the already high 29.5% by 2% and entrance fees by $2, and to eliminate the $500 loss limit. State Republicans took control of the state House for the first time in nearly 50 years. They have not shown any interest in large tax increases and the Missouri Gaming Commission criticized the economics of Illinois’ new higher tax on its most successful casino investments. The Commission has also consistently found the $500 loss limit makes Missouri’s casinos less attractive to patrons. There are now 11 casinos, with gross gaming revenue of $1.28 billion in 2002. It took four elections to make casinos legal. In early 1994, the State Supreme Court nearly destroyed the state’s new riverboat casino industry by limiting boats to games with some skill. The Nov. 1994 election amended the State Constitution to allow slot machines, keno, bingo and other games of pure chance. The Court then ruled casinos must be on a river (Station Casino agreed to pay a $75,000 fine for using city tap water for its “river”). The voters amended their constitution once again, to make boats-in-a-moat legal. An initiative to allow fraternal and charitable groups to have slots has apparently been abandoned. The State Lottery has introduced a Keno-style game in restaurants and bars.
* MONTANA – A proposal by Butte legislators, “Destination Montana,” to create a “music and entertainment district,” with 10 or 11 casinos, is getting support from the state’s tribes. Under the present plan, the tribes would co-own only one casino, which might not stand up in court. Bucking a national trend, the Legislature decided not to raise taxes on video poker and keno machines, which are more than 90% of the state’s legal gambling. More than 1,600 locations have up to 20 devices each, totaling more than 16,000. There are more video keno than video poker machines; maximum wager is $2, maximum payout, $800. Six tribes have compacts, each can have 100 video gambling machines with $1,000 payouts, but no banking card games; two other tribes have not signed. A bill to exempt casinos from anti-smoking laws is pending. State law allows a dozen forms of gambling, including card clubs, sports pools, Calcutta pools and fantasy sports leagues. Religious activists failed in their attempt to put a proposed constitutional amendment on the Nov. 2000 ballot, which would have outlawed all gambling. They needed only 39,724 signatures, but they could not get even half that number. The Legislature approved staying with PowerBall, including taking bets from other nations.
!* NEBRASKA – Pro-gambling Stormy Dean (D.) was wiped out in the gubernatorial race by anti- Mike Johanns (R.), who would allow only a small number of additional casinos at most, and no more slots. Bills to put Indian and private casinos on the ballot died, but will be reintroduced in Jan. 2004. The State Supreme Court barred a proposed constitutional amendment to allow VLTs in keno parlors and bars from the Nov. 2002 ballot. The Santee Sioux’s casino has court-approved video pull-tabs. Charity bingo, keno and pickle cards dropped from $332 million in 1995 to $254 million in 2000. A 1996 casino initiatives failed, because many signatures were from people who were dead. The State Supreme Court declared phone bets illegal.
!* NEVADA – Joe Neal (D.) ran on a platform of raising casino taxes – in Nevada! He got 22% of the vote, beating “None of the above.” In Jan. 2003, Gov. Kenny Guinn (R.) announced that gaming taxes will not be raised from 6.25%, the lowest in the country. The Legislature and Governor gave the Gaming Control Board power to decide whether Nevada licensees can open Internet casinos (tax would also be 6.25%, plus a $1 million fee for two years) and accept bets from the U.S., but the Board fears the federal Wire Act and other states’ laws. A bill to create a State Lottery, with tickets sold only in casinos failed. But Las Vegas casinos introduced a keno-lottery game with progressive jackpots, despite lotteries being prohibited by the State Constitution. Mayor Oscar Goodman wants a Las Vegas city lottery. Casinos can now open private salons for high-rollers. The Legislature has voted, again, for account wagering, so race books will soon be taking phone and computer bets from patrons in other states. The Board promulgated regulations against kiddie-themed slots. Among the first to pass, with restrictions, was “Addams Family” and “Saturday Night Live” slots. A bill to require casinos to pay slot jackpots, even when the symbols lined up due to a malfunction, could not pass. In a P.R. move, the state lifted the ban on betting on local sports teams. Regulators have proposed putting a $550 cap on bets on college sports; there are 150+ licensed sports books. The State Supreme Court ruled unpaid casino markers are checks under Nevada’s criminal bad checks law and District Attorneys have become aggressive casino bill collectors. Casinos won $9.4 billion in 2002 (down 0.26% from 2001), more than half from slot machines. For the first time anywhere in Nevada, in 2000, gaming brought in less than half of total revenue on the Las Vegas Strip. There are approximately 200,000 slots in the state; most are in the approximately 243 casinos. The Nevada Gaming Commission now limits new “restricted licenses” (15 slots machines maximum) to convenience stores, supermarkets, drugstores and bars; a new casino must have a 500-room hotel.
NEW HAMPSHIRE – Outgoing Gov. Jeanne Shaheen (D.) lost her U.S. Senate race to former Presidential speech-writer John Sununu (R.). The Legislature, which blocked Shaheen’s push for VLTs at the state’s four (three dog, one horse) tracks, did not change. New Gov. Craig Benson (R.) opposes legal gambling. State law allows video poker machines, but only if they do not pay off. Getting caught gambling became a felony on Jan. 1, 2000; so, social clubs have turned in their supposedly non-gaming devices. Manchester alone lost $1,500 per city license for 344 video poker machines.
!* NEW JERSEY – Atlantic City casinos lost a strong voice in the U.S. House when Robert G. Torricelli (D.) quit to make a disastrous run for the Senate. Another Democrat, Frank R. Lautenberg, won but will probably not be as actively against Indian and Internet gaming. The 12 casinos in Atlantic City win more than $4.2 billion a year, making them the largest gaming market in the U.S., just ahead of the Las Vegas strip. Gov. James E. McGreevey (D.), to solve the budget problem, got casino taxes raised to 7.5% on net profits, a 4.25% sales tax on comps, and is again threatening racinos. Racinos and VLTs won’t happen – casinos’ political power is much greater than the State Lottery and tracks’. Then-acting-Gov. Donald T. DiFrancesco signed two bills in Aug. 2001, allowing at-home accounting wagering at up to 15 OTBs. A new state law prohibits cruises-to-nowhere. Electronic pull-tabs closely resembling slots were proposed for social clubs and fraternal societies. Gary DiBartolomeo resigned as President of Caesars Atlantic City amidst charges he lied to the Casino Control Commission about his compulsive gambling. The Legislature is considering legalizing Internet casinos.
!* NEW MEXICO – New Gov. Bill Richardson (D.) wants no new Indian casinos, but would endorse another racetrack with slots. He replaces Gary Johnson (R.), who had been elected and reelected with the help of major tribal contributions. Johnson signed compacts, declared illegal, for casinos, which remained open. In 1997, the Legislature passed the Gaming Control Act, approved new compacts, but imposed a high (16%) fee. To get the bill through, fraternal organizations, charities and the state’s four racetracks got slots too (Sunland Park opened with 300 slots in March 1999), and an even higher tax, 25%. In March 2001, a compromise was reached with 11 of 13 tribes with a lower revenue sharing rate (3%-8%); but suits continue. The Legislature also lowered the tax rate on non-profits, from 25% to 10%, and increased the number of slots a track may have to 600 (750 if the track obtains another track’s allocation). In 2001, Johnson earmarked $50,000 to create regulations for parimutuel betting on bicycle racing. Atty. Gen. Madrid opined it is illegal under federal law.
!* NEW YORK – Incumbent Gov. George Pataki (R.), an advocate of racinos and expanding Indian gaming, beat Carl McCall (D.), who wanted a moratorium. After 9/11, the Legislature approved six more tribal casinos and 11,400 VLTs at eight selected racetracks. The problem is this all violates the State Constitution, which I believe prohibits slot machines, and federal law, because it taxes the tribes at 25% without giving them a monopoly. In June 2003, the State Court of Appeals agreed with my analysis that a compact must be approved by both the Governor and Legislature. This temporarily, at least, invalidates the compact signed by then-Gov. Mario Cuomo, which created the Akwesasne Mohawk Casino near Canada and endangers the Oneida’s massive Turning Stone. The state’s third casino, the Seneca’s in Niagara Falls, and the St. Regis Mohawk/Park Place planned $500 million Catskill casino/resort are not effected, because the compacts were approved by the Legislature. Albany trial judge Joseph Terisi ruled in July 2003 that a VLT is not a slot machine and are therefore constitutional and yet tribes can have true casinos. New York City won a trial, allowing it to license casino day-trips-to-nowhere. The Off-Track Betting Corp. announced plans to set up the first state-sponsored Internet betting site, but the Legislature balked. New York joined multistate Mega Millions after 9/11 and Lottery spending went up 16%, making it the biggest in the U.S. and the sixth biggest in the world. PayPal agreed to the state’s demands that it report anyone using its services for online gambling.
!* NORTH CAROLINA – Gov. Mike Easley wants a state lottery, and he might get it through the Legislature this time. The State Senate approved a bill to outlaw video poker. The Cherokee’s bingo hall, with 2,300 machines, would be exempt; although, a State Court of Appeals decision raises questions about their legality. State law presently allows up to three machines per location with a maximum payout of $10 in merchandise per session. Larger, illegal, payoffs are commonly reported. The Legislature passed a law increasing penalties for violators, banning the importation of new video poker machines and prohibiting children from playing. The House approved, 91-11, a bill to virtually outlaw casino cruises-to-nowhere from the North Carolina coast.
!* NORTH DAKOTA – North Dakota voters in 1986 joined only three other states this century in not approving a state lottery. In November 2002, they changed their mind, voting in a state lottery with the right to join multi-state games, like PowerBall. There are four Indian casinos; Spirit Lake alone has 500 slots, blackjack, craps, poker, bingo and keno. However, the Three Affiliate Tribes were not able to launch a casino yacht on Lake Sakakawea. Hotels have charity blackjack; in 2001 the betting cap was raised from $5 to $25, to allow them to compete with tribal casinos, after the tribal limits were raised from $50 to $250. In 1996, a proposal for video gaming was defeated at the polls.
OHIO – Incumbent Gov. Bob Taft (R.), easily reelected, opposes slots at tracks, telephone account wagering and other proposed expansions of gambling. He beat Tim Hagan (D.), who favored putting 1,500 VLTs in the state’s seven tracks to fight the state’s budget crisis. A proposal to let voters in Nov. 2003 decide via a constitutional amendment died in the Legislature. An Internet bingo game for charity, limited to in-state players, opened in Nov. 2001. Casino bills and initiatives have been attempted every other year for decades and always failed.
OKLAHOMA – Studies have found – surprise – that tribal casinos hurt horse tracks. The troubled racing and breeding industry is still the state’s third largest, behind agriculture and oil and gas, and the Senate finally narrowly approved saving the remaining three horse tracks with VLTs. Brad Henry (D.) squeaked by anti-gambling Steve Largent to be the next governor. Henry wants the voters to decide if the state should have a lottery, the Legislature said no vote before 2004. He is also in secret compact negotiations. Voters made it a felony to engage in any activity associated with cockfighting. Twenty-three of Oklahoma’s 39 federally recognized tribes have a form of gaming; the Chickasaw Nation alone has 10 locations with 1,353 gaming devices. The Absentee Shawnee Tribe and the Seminole Nation have filed suit to get slots (which are illegal in Oklahoma). The Seminoles are keeping their four casinos open, with slots machines with skill-stop buttons, even though the NIGC has issued a fine of $8 million and ordered them closed. Some tribes offer “blackjack tournaments” where players supposedly compete against each other. Plans to open a tribal-owned riverboat casino hit rough waters. In Feb. 1998, voters resoundingly defeated a casino initiative. In 1996, voters failed to approve a State Lottery; then-Gov. David Walters’ pro-Lottery forces had been far out-spent by horse-racing interests. But, the Legislature might approve a second attempt. The Quapaw Tribe is said to have the largest all-electronic bingo hall in North America, 800 seats, in Miami, Oklahoma, according to e-BingoNews. Charities cannot even win the right to hold raffles.
!* OREGON – Ted Kulongaski (D.), who resigned from the state Supreme Court to run for governor, probably knows more about the laws and realities of legal gambling than any other state chief executive. As A.G., he headed the Governor’s Task Force to study gambling in Oregon. The State Lottery, which runs almost 8,900 video poker machines, maximum of five per location, wants to add regular slot machines. The State Constitution prohibits casinos. The State Supreme Court ruled a store with non-gaming business and only five gaming devices is not a “casino.” But the state has entered into compacts giving its tribes full casinos. Anti-gambling forces, led by the Rev. Tom Grey, failed to collect enough signatures to get a referendum on the Nov. 2000 general election ballot to outlaw video poker. Charities can run casino nights. The State Lottery takes bets on professional sports events.
PENNSYLVANIA – Another big election victory, which shows how far legal gambling has come. Both candidates for governor supported the idea of racinos. Ed Rendell (D.) won and immediately announced that his top priority is to lower property taxes by allowing slot machines at the state’s four existing racetracks, and another four which have not even been built, with a high 35% tax. Even a newspaper, the Pittsburgh Post-Gazette, came out in favor of VLT’s. The Senate approved an enormous 3,000 slots per track, with an equally large gaming tax of 46%, but the bill is mired in politics. Riverboat casinos are still a possibility. A legislator who opposes gambling proposed auctioning slot licenses to anyone. This appears to bring in more money, but actually kills the bill by eliminating track support. The State Constitution allows the Legislature to legalize casinos, but, as former-Gov. Mark Schweiker made clear, politically it requires a vote of the people. A proposal by Oklahoma and Canadian tribes to build casinos will go nowhere.
* RHODE ISLAND – Donald L. Carcieri (R.) was elected governor, without taking a strong public position on gaming. A proposal for a statewide vote in Nov. 2004 on a casino for the Narragansett Tribe and the impoverished community of West Warwick died. The Lottery Commission wants to give the state’s lone dog track, Lincoln Greyhound Park, and Newport Grand Jai Alai 1,825 more VLTs to the 2,478 now run by the state, to compete with Connecticut’s tribal casinos. It also wants devices which pay out in coins, eliminating the final distinction between “VLTs” and slot machines. In July 2000, the State Supreme Court overruled then-Gov. Almond’s objections, finding the Legislature could delegate its power to a commission. The Legislature is quietly discussing ending jai alai.
SOUTH CAROLINA – In 1998, Jim Hodges (D.) beat incumbent Gov. David Beasley (R.) by not opposing video poker and by supporting a state lottery, which the voters then authorized in Nov. 2000. In 2002, Hodges lost to Mark Sanford (R.), who had opposed the state lottery. The state’s 14 year experiment with video poker ended on July 1, 2000. In May 2002, the State Supreme Court held “habitual gamblers” could recover their losses from the now nonexistent slot machine operators under unique state statutes. At its height, South Carolina had 34,000 devices (Nevada has only 17,922 slots outside of casinos) and attracted more than $2.1 billion in wagers, for $610 million profits. Voters in 30 of 46 counties approved cash payouts in 1996. But, the Legislature then passed a bill closing down the slots unless approved at a statewide referendum; in a bizarre decision, the State Supreme Court threw out the referendum but upheld the shutdown. A judge ruled that it is now illegal to manufacture slot machines chassis in the state. In July 1999, the U.S. Fourth Circuit held state laws apply to cruises-to-nowhere. In Summer 2001, the State Supreme Court ruled casino cruises legal; but Atty.Gen. Charlie Condon issued opinions that slots used legally on casino ships violate state law when stored on South Carolina soil or used on its rivers. The Legislature and local governments are looking at restricting or prohibiting casino boats leaving South Carolina for international waters.
!* SOUTH DAKOTA – Mike Rounds (R.) won the governor’s race; he is basically in favor of the status quo. Native Americans across the country campaigned for A.G. candidate Ron Volesky (D.), a member of the Standing Rock Sioux Tribe, but he lost to Larry Long (R.). In Nov. 2000, voters decided, again, as in 1994, to keep VLTs. In 2001, a House committee voted to not let opponents have a third attempt. Voters also approved raising bet limits from $5 to $100 in the 40 casinos in Deadwood (gross gaming revenue of only $52 million), which also raised the limits in the state’s 10 tribal casinos. The higher limit doubled monthly gaming revenues. The State Lottery’s 7,959 VLTs were declared unconstitutional by the State Supreme Court in June 1994, but voters reinstated them by amending the State Constitution in Nov. 1994. In May 2001, the State Fair Commission banned VLTs from state fairgrounds.
TENNESSEE – A very big win for legal gambling. Tennessee’s charity bingo ended in scandal (including the suicide of the Secretary of State) and parimutuel betting was authorized, but no track was built. In Nov. 2002, voters amended the State Constitution allowing a state lottery. The new governor, Phil Bredesen (D.), supports the lottery and in June 2003, the Legislature finally went along. This means 48 states and all territories of the U.S. will now have some form of commercial gambling. Strong religious opposition did not develop, because the political spotlight was on other races. The State Legislature approved a bill to block casino gambling, which would require a constitutional amendment in any case. The Memphis city council is thinking about a casino.
TEXAS – Incumbent Gov. Rick Perry (R.), an opponent of all gambling, especially Indian casinos, was reelected, beating pro-gaming Tony Sanchez (D.). Barry Keenan, convicted of kidnapping Frank Sinatra Jr. in 1963, is trying to convince the Legislature to allow a casino in Austin. Like the bill to turn the Astrodome into the world’s largest casino, the idea will go nowhere. The Legislature is looking at racinos. John Cornyn (R.), a crusading A.G. against Indian and Internet gambling – he got federal courts to close the Alabama-Coushatta’s and Tiguas’ casinos – is going to the U.S. Senate. The Kickapoos also lost a case over gaming devices. The Tiguas’ Speaking Rock in El Paso reopened with Class II machines, but the Fifth Circuit ruled the tribe has to get a charity bingo license. Bills to let the state’s three tribes have casinos are dead until at least 2005. A former Texas A.G. ruled the Legislature could not authorize commercial casinos without a constitutional amendment. Then-Gov. George W. Bush tried to kill 8-liner slots and failed; the State Supreme Court is deciding if they fall within a loophole, while operators continue to be arrested. In July 1999, Lone Star Park joined tracks in California, Kansas and Kentucky in allowing drive-through betting windows.
UTAH – In Feb. 2001, the State Legislature killed a bill that would have required State Lottery advertisements to boldly display the words “void in Utah.”
VERMONT – James Douglas (R.), did not take a strong position publicly on gambling while campaigning for governor. But he now opposes expanding gambling, even simulcast. A bill to allow casinos on railroads didn’t leave the station. A racetrack in the southern part of the state is campaigning hard for slot machines and a bill to allow full casinos is pending.
VIRGINIA – Casino bills are routinely defeated. In 1994, a riverboat casino bill sank under the weight of excess baggage, when Disney’s proposed historic theme park got tacked on. Proposals to bring race tracks to northern Virginia were attacked by state legislators as “gambling parlors masquerading as legitimate businesses.”
!* WASHINGTON – Bills have been introduced to allow slots in bars, restaurants, card rooms, bowling alleys, bingo parlors, and, of course, race tracks. Twenty tribes have casinos, only one was grandfathered-in by IGRA with true slots. Voters turned down proposals for tribal slots in 1995 and 1996. But the tribes now have 18,900 slot-like VLTs, as well as linked bingo machines. The Colvilles have agreed to give up their true slot machines for up to 4,800 of these devices. In an attempt to level the playing field, the Legislature allowed privately owned cardrooms to have house-banked blackjack. There are now more than 40 mini-casinos. The State Gambling Commission is debating increasing betting limits, while Gov. Locke (D.) supports bills to limit their growth and a few cities are considering bans.
* WEST VIRGINIA – State law allows casinos in historic hotels, with players restricted to registered guests. The catch – local voters have to approve. Greenbrier rejected the idea in 2000; Huntington voters did the same in 2002. Gov. Bob Wise (D.) succeeded in his campaign to legalize and tax video poker machines. A federal judge dismissed a challenge, saying the suit should be brought in state court. There were around 13,500 gray market machines. On Jan. 1, 2002, this changed to about 5,000 legal VLTs (top bet $5) at the state’s four tracks (2 greyhound and 2 thoroughbred); and five max (there’s already a movement to raise it to 10) in bars, clubs, restaurants, fraternal organizations, and even walled-off parts of grocery stores (slots at gas stations, grocery and convenience stores are supposed to be illegal). Showboat sued to exercise its option over Charles Town Racetrack, contending coin-drop video slot machines turns the track into a casino. Now there’s a move to bring in table games, which will not get through the Legislature. Newly-built tracks may not have gaming devices. Former-Gov. Underwood let a bill become law without his signature, allowing VLTs to accept coins. Mountaineer Racetrack and Gaming Resort would like to have telephone account wagering.
!* WISCONSIN – Jim Doyle (D.), who favors expansion, defeated anti-gambling Scott McCallum (R.). Ironically, this may lead to less gambling: Gov. Doyle immediately renegotiated two compacts, which so favored the tribes, including eliminating any expiration dates, that the Republican-controlled Legislature filed suit. The State Supreme Court might rule that all compacts are invalid. Tribes operate 17 casinos (all with slots, most also have blackjack). The original compacts began expiring in 1998, but were mostly renewed when tribes agreed to raise the gambling age to 21 and the state’s share from $400,000 to $20 million a year. The State Lottery wants VLTs. The Legislature lowered the punishment for a tavern caught with five or fewer video gambling machines to a $500 fine. In Nov. 2000, voters in Beloit approved while those in La Crosse County rejected non-binding referendums for tribal casinos.
WYOMING – Newly elected Gov. Dave Freudenthal (D.) had not taken a strong public position on gambling, but he signed into law a bill allowing at-home betting on horse races; five more pro-gambling bills were introduced in the Jan. 2003 session. Outgoing-Gov. Jim Geringer and the Northern Arapaho Tribe went through all steps in IGRA, but Geringer rejected the mediator’s decision that the state had to sign a compact allowing a high-stakes casino. Interior Secretary Gale Norton will create the regulations, and the state will undoubtedly sue. An initiative to allow full casinos was defeated 2 to 1 in Nov. 1994. State law allows limited sports betting.
AMERICAN SAMOA – Proposals for a land-based casino and cruise ship gaming were considered and rejected by the Legislature.
DISTRICT OF COLUMBIA – A riverboat casino initiative failed to get enough legitimate signatures: Of 45,000 signatures gathered, fewer than 15,000 were from voters. “Monte Carlo” nights for charities are a big business.
!* COMMONWEALTH OF THE NORTHERN MARIANAS – Casinos with slots are legal on Tinian. Japan is seriously considering legalizing casinos, which would devastate the business.
* GUAM – Slot machines are illegal. In Nov. 1996, an initiative to allow full casinos to compete with those on the nearby Northern Marianas was defeated at the polls.
!* PUERTO RICO – Commonwealth-licensed full casinos with a strange twist: The government used to own the slot machines. A movement to privatize developed in 1996.
!* VIRGIN ISLANDS – The territory is the first U.S. jurisdiction to issue licenses for Internet gambling websites. Local voters approved the concept of legalized casinos in a non-binding referendum in Nov. 1994. The Legislature agreed, and the first licensed land-based casino opened in St. Croix in April 2000. The Legislature voted to allow cruise ships calling in St. Thomas to keep their casinos open while in port, provided the ship remains docked beyond 6:00 p.m.
I. NELSON ROSE
Professor I. Nelson Rose is an internationally known scholar, public speaker and writer and is recognized as one of the world’s leading authorities on gambling law. A 1979 graduate of Harvard Law School, he is a tenured full Professor at Whittier Law School in Costa Mesa, California, where he teaches one of the first law school classes on gaming law.
Professor Rose is the author of more than 300 books, articles, book chapters and columns. He is best known for his internationally syndicated column, “Gambling and the Law®,” and his landmark 1986 book by the same name. His most recent book is a collection of columns and analysis, co-authored with Bob Loeb, on Blackjack and the Law.
Professor Rose is currently working on two books, which will be published in 2002. He is co-authoring the first casebook on gaming law, Gaming Law: Cases and Materials, for Matthew Bender, and, for Mary Ann Liebert Publishers, Gambling and the Law®: The Law of Internet Gambling.
A consultant to governments and industry, Professor Rose has testified as an expert witness in administrative, civil and criminal cases in the U.S., Australia and New Zealand, and has acted as a consultant to major law firms, international corporations, licensed casinos, players, Indian tribes, and local, state and national governments, including Arizona, California, Florida, Illinois, Michigan, New Jersey, Texas and the federal governments of Canada and the United States.
With the rising interest in gambling throughout the world, Professor Rose has spoken before such diverse groups as the F.B.I., National Conference of State Legislatures, Congress of State Lotteries of Europe, United States Conference of Mayors, and the National Academy of Sciences. He has presented scholarly papers on gambling in Nevada, New Jersey, Puerto Rico, England, Australia, Antigua, Portugal, Italy, Argentina and the Czech Republic.