Former Gov. Bob Graham Cites Constitution to Join Fight against Gretna Slots

Citing the Florida Constitution, former Gov. and U.S. Sen. Bob Graham has said he opposes an expansion of gambling into Gadsden County and is looking to submit a brief to the Florida Supreme Court arguing against allowing slot machines at the Gretna Racing facility.

Graham's attorney in the matter, former legislator Dan Gelber, filed a motion Wednesday asking permission to file an amicus brief in the highly volatile case involving the Gadsden County pari-mutuel. 

Gretna is challenging an October 1st District Court of Appeal ruling that said legislative approval is needed before slot machines can be offered at the facility. Gadsden County voters in 2012 approved a referendum aimed at allowing slots, and Gretna Racing argues it should be allowed to offer the lucrative machines. 

In Wednesday's motion, Graham noted his decades in public office, which included serving in the Legislature before getting elected governor in 1978. "If allowed to appear, Bob Graham would support the … Florida Department of Business and Professional Regulation and its attempt to bar slot machines in the city of Gretna," the motion said. "He would argue that Gretna Racing's interpretation of (a section of state law) contradicts the Florida Constitution's prohibition against lotteries." 

The motion also said Graham would focus in the brief on "the Florida Constitution, its prohibition against lotteries, and the legislative history surrounding that prohibition -- areas that the parties might largely disregard." 

Spokesmen for the horse racing industry also are opposed to Gretna's plans because the facility "looked for, and found, a loophole" to obtain a slots permit. Instead of traditional horse races run during a nomal track schedule for two consecutive years, Gretna "ran a couple of horses" on a track in a barrel race -- and so abbreviated its schedule, it defeated the spirit of the rule, horsemen say.

Wednesday's motion noted Gretna Racing opposes Graham's attempt to file a brief. The Supreme Court's Gretna decision could have wide-ranging implications because voters in Brevard, Hamilton, Lee, Palm Beach and Washington counties also have approved referendums seeking to allow slot machines.

Much of this story was taken from a News Service of Florida brief.