Some of our citizens fail to appreciate these differences and believe that all kinds of gambling should be allowed or all forms condemned. However, it is the preference of the majority as expressed at the voting booths and in the Legislature with the result that now, as during this State's whole history, the operation of a gambling casino is a criminal offense and loans by the operator to his customer or bets made on credit are uncollectible. This is our historical and settled State policy and it is totally inconsistent with that policy to say that the Legislature and the Governor can enter into a contract that not only authorizes and permits the operations of up to six gambling casinos without a constitutional amendment and the attendant votes by two consecutive sessions of the legislature and a referendum of all state voters, but also take a percentage of the gross receipts. This act is inconsistent with our State Constitution and long standing public policy.
If allowed to stand this action will set a dangerous precedence in our jurisprudence and we will no longer be a government of laws and not of men, as Supreme Court Justice Felix Frankfurter once said "If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny. Legal process is an essential part of the democratic process."
To preserve our democratic process and allow all affected by this issue to have their vote counted a lawsuit has been commenced in the Supreme Court of the State of New York, County of Erie. It is currently being served on the Governor and the New York State Racing and Wagering Board the named defendants in the suit. You may view the complaint and our position on this issue at http://www.upstate-citizens.org/gambling.htm
Daniel T. Warren
Niagara Frontier Chapter of Upstate Citizens for Equality
http://www.upstate-citizens.org Undeniably, the public policy of this State, as exemplified in its Constitution (NY Const, art I, § 9 ), prohibits gambling or lotteries (except those lotteries operated by the State). State lottery proceeds are applied to aid education, with appropriate legislation to prevent offenses. The policy of this State disfavors gambling, unless done in accordance with laws and regulations strictly complied with. The New York constitutional provisions were adopted with a view toward protecting the family man of meager resources from his own imprudence at the gaming tables.