|The following article was originally published in Casino
Executive and is presented in Gaming floor with permission of the author.
Professor Rose can be reached at his web site: www.GamblingAndTheLaw.com
A $5,000,000 Camel
It has been said that a camel is a horse designed by a committee.
Then what are we to make of the National Gambling Impact Study Commission's
Considering half the Commissioners were rabidly, sometimes secretly,
anti-gambling, without having ever played a hand of blackjack, perhaps
was not a horse they were designing -- maybe something closer to a
And a shoddy one at that.
Two years of work and $5 million just does not buy what it used to.
The Final Report is being called the James Report, after the Commission's
Chair, Kay Coles James. James does appear to deserve most of the blame.
In these days of affirmative action and political correctness, an objective
observer has to ask why the Chair was someone whose entire knowledge
legal gambling came from playing a slot machine, once, in an Atlantic
casino. Could her appointment by the Republican leadership have had
to do with the fact that she describes herself as "a black, female,
pro-life, evangelical, conservative Republican"?
Almost before the ink on the Final Report was dry, James was admitting
the press, "Yes, I am anti-gambling. But I had to set that aside to
this process work."
James' overwhelming goal, to further her own political career, was to
unanimous vote on everything.
On CBS, James announced that the Commission had "unanimously voted"
moratorium. J. Terrence Lanni, CEO of MGM Grand, who fought -- and
against the moratorium recommendation, because he knew how silly it
look, thought James' description of the 5-4 vote was a bit off: "When
to school, that wasn't unanimous."
James actually thinks it was an accomplishment to get Commissioners
ties to Nevada casinos to agree with anti-gambling fanatics. "In the
the unanimous adoption of this Report speaks for itself."
It certainly does.
The only way these Commissioners would vote the same way is if the proposal
were meaningless. The James Report is so light-weight that you have
to put a
brick on it to prevent it from floating away.
"The Commission recommends that tribes, states, and local governments
continue to work together to resolve issues of mutual concern rather
relying on federal law to solve problems for them." Gosh, if we had
thought of that sooner, think how about many law suits would have been
A common enemy also brings foes together. The recommendation of a total
prohibition of Internet gambling was, in the language of the Report,
"unanimously endorsed by every member."
But state lotteries were made the sacrificial scapegoat. Lotteries alone
described as running "full-blown, glitzy advertising campaigns." The
Commission recommended that the federal government gather data on lotteries
alone: "including volume of purchase, demographics of lottery players"
the "nature, content, accuracy, and type of advertising spending regarding
The most amazing thing about the James Report is that it is filled with
factual errors. As much as I like reporters - my wife is a journalist
multi-million-dollar government studies cannot rely on what someone
a newspaper or on the Internet. Researchers have to check for themselves.
Good ideas, like having insurance cover treatment for pathological gambling
and allowing players to ban themselves from a casino, are buried under
mountains of inaccurate generalities.
Dean Hestermann, manager of policy analysis and research for Harrah's
Entertainment, put it this way, "The most startling thing about the
Commission's report in my opinion is not any 'finding' or specific
'recommendation,' but the loose rhetoric and lack of intellectual rigor
that, as an American, I find embarrassing."
Major factual errors appear every few pages. For example, the Report
Look at this typical sentence: "Delaware and Montana are allowed to have
Texas and Nebraska have authorized casinos - they have not.
The California State Lottery operates Electronic Gaming Devices -- it does
not and never has.
State lottery advertising campaigns target "people in impoverished neighborhoods"
- they actually target heavy traffic areas and are tied to retail outlets.
South Africa licenses Internet gambling - it does not.
Sports gambling is legal in just two states - it is legal in at least nine.
Web pages "promoting tourism to large casinos" are hard to distinguish
from web sites offering "real-time betting" - maybe for someone who cannot
tell a T.V. commercial from a slot machine.
sports books by statute, but currently neither state offers legalized
wagering." Wrong, wrong, wrong.
Delaware and Montana, in fact, prohibit sports books by statute. But
does offer legalized sports wagering: Legal sport tab games are popular
Butte and Anaconda and legal sports pools are in operation throughout
state, as are legal fantasy sports leagues. The Montana State Lottery
authorized to run sports pools and authorized organizations can operate
Calcutta pools, a form of parimutuel wagering, on amateur, college
professional sports events.
How about this, from the Report's Glossary: "Craps: A game of chance
which a player throws two dice. If the total of the two dice is 7 or
then the player wins." That's it, the full definition.
The James Report is a waste of paper.
©Copyright 1999, all rights reserved worldwide. Gambling and
the Law® is a registered trademark of Professor I. Nelson Rose, Whittier
Law School, Costa Mesa, CA.