People v. State

fairly undermining public confidence in the administration of justice
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“Undermining public confidence in the Lottery”

February 23, 2012 By: John Kindley Category: Uncategorized

. . . (by disclosing confidential information relating to the Lottery) is a Class A felony in Indiana, punishable by up to 50 years in prison.

The Indiana Court of Appeals case which upheld the constitutionality of this penalty noted:

As a matter of perspective, historically, the State of Indiana has prohibited gambling. However, in 1988, the Indiana Constitution was amended to delete the general prohibition against lotteries and to authorize lotteries conducted by the State Lottery Commission. The General Assembly then proceeded to authorize horse race gambling and, in 1993, approved riverboat casinos as a lawful gambling activity. However, aside from these exceptions, gambling continues to be strictly prohibited by Indiana’s anti-gambling laws. Thus, in our state, while gambling is generally prohibited, certain well-regulated exceptions have been created. It is against this background that we must interpret the statutes at issue before us.

Yesterday an Indiana Senate committee approved and moved to the full Senate a proposed statewide smoking ban, which has already been approved by the House, and which exempts casinos, racetrack slots parlors, off-track betting locations, tobacco stores, hookah bars and private clubs:

Supporters and opponents alike called the selective carve-outs bad policy. The proposal’s authors said it was the best they could do given the state’s political atmosphere and the gaming industry’s clout in the Statehouse.

Some senators who voted in favor of the plan said they acknowledged the hypocrisy of preventing some work places from allowing smoking, while allowing employees at casinos and other exempted businesses to continue being exposed to secondhand smoke.

“If this is what it takes to protect some people, I’m going to support this,” said Sen. Greg Taylor, D-Indianapolis. “But we need to stop being hypocrites and do the right thing, no matter who it affects.”

. . .

Bar owners, who would get an 18-month reprieve before the ban kicks in, said the proposal gives casinos and private clubs an unfair advantage.

These hypocrites are undermining public confidence in the Lottery.

 

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