Judge combines lawsuits against casino measure

Two lawsuits challenging Proposition A, the casino measure on the Nov. 4 ballot that would raise casino taxes and limit the number of casino licenses, have been joined into one.

Cole County Circuit Judge Patricia Joyce agreed to combine the two cases then removed herself from the lawsuit in response to a request from Charles R. Buckley of Independence, Mo., the lead attorney representing Cape Girardeau businessman David Knight and state Rep. Raymond Salva, D-Independence.

Knight and Salva joined forces because both are pushing for additional casinos. Knight, along with Cape Girardeau businessman Jim Riley, hope to develop a casino complex along North Main Street. Salva represents Sugar Creek, Mo., which also is seeking a license.

Circuit Judge Richard Callahan now is assigned to the case. Attorney Audrey McIntosh of Jefferson City, Mo., representing Edwin McKaskel, the plaintiff supported by the anti-gambling group Casino Watch, has asked for another change of judge.

Before taking herself off the case, Joyce allowed the Yes on A committee, through plaintiff Everett Bake, to intervene in the case.

No additional hearings have been scheduled.

Proposition A would increase the tax on casino revenue to 21 percent from 20 percent. It also would eliminate the $500 loss limit and limit the number of casino licenses statewide to 13. The new revenue, estimated at up to $130 million annually, would be dedicated to public schools and an annual audit would be required to make sure the new revenue is not used to replace existing sources of school money.

The measure was placed on the ballot via initiative petition, with the campaign underwritten by $6 million donated so far by casino companies.

The lawsuits, which name Secretary of State Robin Carnahan and State Auditor Susan Montee as defendants, seek to keep the measure off the ballot because of alleged violations of the Missouri Constitution's ban on initiatives that have more than one subject as well as other issues.

Supporters of the initiative contend that all of the items in the measure are closely related to a single objective and that it meets constitutional standards.

The joining of casino opponents with those who want gambling boats in their towns "points up the fact of how misleading this particular measure is," Knight said in an interview Tuesday.

Knight said he is not sure how long the court case would take.

Chuck Hatfield, attorney for Yes on A, said he's ready to argue the case, but that it is up to Knight and his fellow plaintiffs to ask for a hearing on the merits.

rkeller@semissourian.com

335-6611, extension 126

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