THIRD GAMING VOTE LIKELY IN CITY

Cape Girardeau voters likely will be faced with another contentious election over the fate of riverboat gambling in the city.

Cape Girardeau City Attorney Warren Wells said Friday that although no plans for a third city election on the issue are solidified, it's a strong possibility.

"I think the greater likelihood is that there will be another election," said Wells. "The law is not really clear, but from my own perspective as kind of a conservative about these types of things, I would feel more comfortable having another election."

Wells' comments were backed by Charles Ruthe, president of Boyd Gaming Corp. The Las Vegas-based company earlier this week garnered the city council's endorsement to operate a riverboat casino here.

"We think it's kind of important that we have another election," Ruthe said.

Last year voters rejected the local option on riverboat gambling in June. Subsequently, gambling proponents were able to secure enough signatures for a petition initiative in November, when riverboat gambling passed.

But since then the Missouri Supreme Court has ruled that facets of the state law authorizing riverboat gambling are unconstitutional, forcing a second statewide vote next month.

That means, according to some lawyers, that cities and counties that approved the measure locally will have to reconsider the matter.

"Some legal theories have been put forward that another election is not necessary, and in fact not appropriate," Wells said. "That's part of what has to be decided: Which lawsuit do you want to risk?"

Wells said the city risks a lawsuit by not submitting to a local vote the new constitutional amendment that Missouri voters will decide April 5.

On the other hand, the results of a third election in Cape Girardeau also could be challenged.

"No matter which way another election might go, I think it's safe to say some folks will be unhappy with the result," Wells said.

Ruthe said Boyd Gaming officials will meet next week with city officials to firm up plans for a third election in Cape Girardeau. That vote could come as soon as June.

But Wells said there might not be a need for a third vote if the legislature "grandfathers in" the previous city vote.

Some cities already have hurried to get a local vote on the April ballot along with the statewide constitutional amendment, particularly those cities that have gaming license applications pending before the Missouri Gaming Commission.

But Wells said those votes might be invalid.

"The Missouri Constitution provides that an amendment does not take effect for 30 days," he said. "There's a real question in my mind whether the local vote would be valid in April. Other lawyers have looked at it and said that's not a problem.

"Obviously, though, it's very much an uncharted sea without a lot of established precedent."

Wells said the city is reluctant to place the divisive matter before voters again.

"There's not much more to be said about it, whether you're for or against gambling," he said.

Towns that have rushed to place the issue back on the ballot, generally, are places where it passed overwhelmingly the first time.

"We're reluctant to take that attitude here, because we are aware it's been a divisive issue in the community," Wells said. "That's not something we want to promote."

But Ruthe said the local option this time would have the support of the city fathers by nature of the council's endorsement of Boyd Gaming's $51 million proposal.

"In the first two elections, there were a lot of ifs," Ruthe said. "This time, the voters will be looking at realities. People know who the operator is, what the project is, and they know the kind of revenues and job opportunities it will bring to the city."