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Friday, July 03, 2009

Ind. Courts - More on: Injunction against Governor not needed after all, but interesting

On July 1st the ILB quoted from a story in the Anderson Herald Bulletin that:

Fearing lawmakers might fail to produce a budget, Hoosier Park and other state gambling sites went to court Tuesday and got an order to prevent a state shutdown in such an event.

Marion County Superior Court Judge John F. Hanley issued an injunction that barred Gov. Mitch Daniels and state agencies from closing casinos and race tracks if a budget had not been approved. Hanley sided with casino operators who said the state had no grounds to close the sites amid the budget crisis.

Daniels had threatened Tuesday to close the gaming sites if a budget had not been approved by midnight. He had claimed that state gaming regulators were nonessential state employees who would be furloughed without a budget.

The ILB has now obtained a copy of Judge Hanley's 4-page temporary restraining order, filed June 30, 2009.

And what about the state lottery?

Could the Governor have threatened to shut down the state lottery? Of course.

Need the lottery have complied? In other words, is the Hoosier Lottery a state agency under the command of the Governor?

Indiana Legislative Insight and Indiana Gaming Insight looked at that question this week and pointed to the federal court decisions in past months holding that the Hoosier Lottery is not a "state agency" and is not "an arm of the State."

See Burrus, et al. v. State Lottery Commission, a 7th Circuit opinion by Judge Manion, upholding a district court ruling by Judge Barker. For background, see this ILB entry from May 31, 2008.

ILB: And why on earth would he want to shut down any of these revenue-producing entities anyway?

Posted by Marcia Oddi on July 3, 2009 12:43 PM
Posted to Ind Fed D.Ct. Decisions | Ind. (7th Cir.) Decisions | Ind. Trial Ct. Decisions | Indiana Government