“1776” in 2023

We still don’t have sports wagering in Missouri.  But we do have video lottery terminals—and that really aggravates the casino folks and the pro sports teams that have seen another year of huffing and puffing on their parts gone to waste.

Watching the annual efforts of the gaming industry to bully the legislature into giving it as sweet a sweetheart deal as possible on sports wagering while VLT advocates argue that they have a right to the gambling dollar, too, has become tiresome.  Casinos see VLTs as competition.  VLT people don’t disagree but say the idea that casinos should have a monopoly on emptying the pockets of gullible Missourians is, well, unfair.

There is, of course, nothing fair about commercial gambling regardless of whether it is conducted in noisy, gaudily decorated casinos or whether it’s conducted next to the pork rinds rack or the beer cooler at the convenience store.

Neither side is interested in compromise.  And the result has been for several years the same: a deadlock at the end of a legislative session that runs the session off the rails and kills a lot of legislation that has the possibility of a greater positive impact on the lives of Missourians.  Or maybe negative impact.  But those points haven’t gotten argued.

We are reminded of John Adams’ rant early in the musical “1776,” as he rails against Congress’s inability to decide whether to declare independence from Britain:

You see, we piddle, twiddle, and resolve
Not one damn thing do we solve
Piddle, twiddle, and resolve
Nothing’s ever solved in
Foul, fetid, fuming, foggy, filthy
Philadephia!

Now, to be honest, Jefferson City is none of those things. Well, mostly. It’s not foul or fetid or fuming and filthy, although at times in the spring and the fall when the water temperature of the Missouri River is several degrees different from the air temperature, there’s plenty of fog. One almost has to get out and lead their car across the bridge, the fog is so thick.

Casino gambling is legal. Sports wagering is not.  VLTs are legal as far as their advocates are concerned but there is no law allowing them or regulating them. One county has a court ruling that says VLTs are illegal in that county.

The future?  The people who can step in and solve the problem won’t do it.  There are no grownups in the room on this one.

One person is position to provide some leadership is Attorney General Andrew Bailey.  But the Post-Dispatch reported the other day that the issue is too “complex” for him to say whether VLTs are or are not legal or to take action to find out.

He apparently is not interested in determining what machines are legal and which ones are not—or to offer suggestions to legislators who might want to put the definition in the statute books.  The article quotes Bailey saying on St. Louis radio station KTRS, “It’s impossible to make a blanket determination that everything that looks like an illegal gaming machine must therefore by definition be an illegal gambling machine.”

Others, however, say a duck is a duck.

It’s a local issue, he says, not something for the state to determine.

So, does that mean that the legislature should just butt out of the VLT discussion?

Should the state butt out of the discussion of sports wagering, too?  Should that be a local issue?

Just imagine how much fun it would be to be able to place a sports bet while standing next to a gas hose attached to your car in Callaway County but not be able to try your luck at a VLT when you go inside to get some fake bacon to snack on while you drive to Boone County, where you can spend a few minutes risking the family fortune on a VLT but not be able to bet on a sporting event when you get a beer to wash down the fake bacon.

Then you go to Cooper County to empty your pockets at the blackjack table in a legal casino.

It wouldn’t hurt if the state’s top legal officer, instead of just brushing off the issue, offered to be a mediator.  It’s not one of his constitutional duties but our attorneys general of late have set a precedent, regrettable though it might be, of straying far beyond their constitutional duties—all the way to the southern border or into the elections held in selected states.

But that’s not going to happen.  The Post-Dispatch also reported that money is fueling the Piddling and the Twiddling.

It seems that two VLT companies have taken the state to court charging it is harassing them by trying to remove their machines from convenience stores although there’s no proven law making them illegal.  Normally the Attorney General is the defense attorney for the state when it is sued. Not Bailey.  The newspaper reports he took a $25,000 campaign donation from a political action committee with ties to former House Speaker Steve Tilley, now a lobbyist for a gambling company. The story also says Bailey had taken “tens of thousands of dollars” from the two VLT companies involved in the lawsuit.

Boy oh boy.  These folks certainly know how to cultivate the public’s confidence in government, don’t they?

Will the issue of sports wagering versus video lottery terminals be resolved by the 2024 legislature?

We consulted the most reliable predictor of future events, the Magic 8 Ball.  “Don’t count on it,” the ball said.   “My sources say no,” was another response. But there were three versions of “yes” when I kept asking.

Will there be more piddling and twiddling? “Sources point to yes,” said the ball.

So—there’s your definitive answer to this matter where the issues are so clear-cut and the participants are so vitally interested in what’s in the best public interest.

 

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