Prop A under fire by Cape man, others

A Cole County judge heard arguments Wednesday in Cape Girardeau businessman David Knight's attempt to block a measure to limit the number of casinos in Missouri but made no ruling.

Knight, owner of Old Hickory Pits, has joined forces with state Rep. Ray Salva, D-Independence, and the anti-casino group Casino Watch to challenge Proposition A, a measure underwritten by casino owners that is estimated to raise up to $130 million annually for public schools.

Circuit Judge Richard Callahan presided over the hearing and ordered the attorneys to file additional paperwork by Monday. He did not say when he would rule, representatives of both sides in the dispute said, but some added that they expected a decision sometime next week.

Knight is challenging the measure on a number of points, and Callahan heard extensive arguments on whether it mixes too many subjects for a single ballot proposal. After the hearing, Knight said he intends to pursue an appeal if Callahan rules against the lawsuit. "We feel very strongly we are right and we will prevail," he said.

Scott Charton, a spokesman for the Yes on A Coalition, said his side remains confident the measure will remain on the Nov. 4 ballot. "We made a very strong case that Proposition A should be put before voters," he said. "The facts are that the secretary of state did a good job summarizing the proposal and we are very confident in its wording. It will meet the legal challenge."

Along with higher casino taxes and a limit on casinos, the measure would eliminate the $500 loss limit, require new revenue be dedicated to public schools and require an annual audit of the funds to make sure the legislature does not substitute new gambling revenue for other school funding sources.

Attorney C. Robert Buckley, representing some of the measure's opponents, argued Wednesday the ballot item is an attempt to "logroll" voters by getting them to approve the casino provisions because they like some parts, even though they likely oppose others.

Secretary of State Robin Carnahan and State Auditor Susan Montee are the defendants in the lawsuit; the Yes on A coalition has joined the case as an intervenor on the side of Carnahan and Montee.

Salva and Knight have also joined forces to form a campaign committee to oppose the measure. They have raised little money, but Ameristar Casinos and Pinnacle Entertainment have joined forces to spend $11.5 million to get the measure on the ballot and pay for the campaign effort.

The campaign against the measure will be a shoestring effort, Salva said. "I don't have that kind of money. The people fighting this don't have that kind of money."

Knight has joined with partner Jim Riley in Cape Girardeau to purchase land for a possible casino. Salva represents Sugar Creek, Mo., which also wants a new casino. If the measure passes, those plans would be put on hold indefinitely, with the only way to secure a license being if another casino in Missouri ceased operating or sought to move operations.

rkeller@semissourian.com

388-3642

On the Web:

Proposition A supporters: www.yesonpropa.com

Proposition A opponents: www.notocasinosonpropa.com; http://casinowatch.org/