Legalizing Casino Gambling In Kentucky



(AP) — Democrat Andy Beshear's push to legalize casino gambling in Kentucky is facing strong resistance from two leading Republican lawmakers, including one who supported the idea.

Legalizing Casino Gambling In Kentucky

Legalizing Casino Gambling In Kentucky State

  • What does it take to legalize casinos in Kentucky? According to court rulings and attorney general opinions, Section 226 of the state Constitution would have to be amended. That section does not.
  • Gambling Age in Kentucky Kentucky has a few legal forms of gambling, and these come with their own age restrictions. To play or bet in one of the state or national lotteries, or on a horse race, players must be at least 18 years of age. However, to enter a racino such as Kentucky Downs, players must be at least 21 years old.

What does it take to legalize casinos in Kentucky? According to court rulings and attorney general opinions, Section 226 of the state Constitution would have to be amended. That section does not explicitly outlaw “casinos,” but forbids “lotteries” other than the state lottery. Lotteries are principally regarded as the sale of tickets and awarding of prizes to winning ticket holders. But lotteries are also defined as “any scheme for the distribution of prizes by chance.” That was the view taken by state courts and former Attorney General Greg Stumbo when, in 2005, he wrote an opinion saying, “The case law is clear; to be a “lottery,” the winner must be chosen “purely by chance.”

Somehow, the “purely by chance” doctrine was applied to card games as well as the play-and-pray games of slot machines, roulette and dice. Poker, blackjack and baccarat players would beg to disagree, as success at those games require a high degree of skill to go with elements of chance. In any case, amending the Constitution has become the go-to route to bring casinos to Kentucky. A bill must be introduced in the General Assembly, and at least 60 percent of each chamber — the House and the Senate — would have to vote for the bill. From there, Kentucky voters would have their say on the proposed amendment. A simple majority would make it law. Two such attempts in the past three years have failed. In 2012, a bill supported by Gov. Steve Beshear was approved by the Democratic-controlled House but rejected by the Republican-controlled Senate, despite the co-sponsorship of Sen. Damon Thayer, who went on to become Senate majority leader. In 2014, several bills were issued in both chambers, and all died in committees.

This year’s bill calls for a maximum of six casinos in the state, no more than one in any Congressional district and only in counties of at least 85,000 in population. Its sponsor? Stumbo, now speaker of the House.

Legalizing Casino Gambling In Kentucky

Legalizing Casino Gambling In Kentucky State

Reporter James McNair can be reached at jmcnair@kycir.org and (502) 815-6543.

Legalizing Casino Gambling In Kentucky Counties

This story was reported by Louisville Public Media’s Kentucky Center for Investigative Reporting.