Ban on lottery lifted; municipal
fines cap remains
By Megan R. Harrell
STAR STAFF
mharrell@starhq.com
If it were up to Carter County alone, both referendums
in the general election would have been defeated, but after
the entire state weighed in, only one was struck down. The
limit on municipal fines remained in place, while the constitutional
ban on a state lottery was lifted.
Today, Tennessee is the closest it has ever been
to seeing the adoption of a state lottery. The lottery referendum
survived the election even though a Tennessean poll completed
last week, showed support for a lottery in Tennessee dropping
by 10 percentage points, from 63 to 53 percent.
Listed as "Question 1" on the ballot, the lottery
referendum was defeated by only 13 votes in Carter County,
according to unofficial results.
However, it passed with 58 percent of voters
across the state in its favor, and approximately 42 percent
against it.
The referendum allows voters to successfully
lift the state's constitutional ban on a lottery system; however,
it does not enact a state lottery. The referendum amends the
constitution to allow the General Assembly to vote on the
issue in the future.
A two thirds majority vote is needed in both
houses before a lottery can be adopted in the state. If legislatures
approve a lottery system, a department that will oversee the
program will have to be established.
The passage of the amendment is a huge step on
what has been a long road for lottery supporters. Several
unsuccessful attempts have been made at bringing a lottery
to Tennessee in the past. The current amendment finally cleared
both houses in the General Assembly in 2001, which placed
it on ballots in this year's General Election.
Supporters of the referendum are excited about
the notion lottery money will now be spent inside Tennessee's
state lines. One of the lotto's most public supporters, State
Sen. Stephen Cohen (D-Memphis) has been working for almost
two decades to lift the ban on a lottery.
"The Angels won the World Series this year after
40 years. I guess 18 years isn't too long," Cohen said.
The final decision comes much to the dismay of
several citizens who believe the lottery will corrupt state
government and its people. Cohen admitted the margin of victory
would have been much larger if churches had not come out as
strongly as they did against the amendment.
Michael Gilstrap, campaign director for the anti-lottery
Gambling Free Tennessee Alliance, stated he is disappointed
with the results but believes his campaign effected the overall
outcome.
"The reality is, we had an opportunity to influence
the voters and we had an opportunity in the marketplace of
ideas to make our case," Gilstrap said.
The second referendum on the ballot was the municipal
fines amendment. Although 53 percent of voters supported the
amendment and 47 percent opposed it, an approval that equaled
more than half of the votes cast in the gubernatorial race
was needed in order for the referendum to pass. It is known
as "Question 2" on the ballot, and called for the fine limit
on municipal courts to be lifted.
Nearly 60 percent of the votes cast on the issue
in Carter County were against the second referendum, while
41 percent voted in favor of allowing the city to enforce
heavier fines on those violating ordinances.
The Tennessee Constitution currently prohibits
cities from administering fines greater than $50 unless they
are taken before a jury trial, which city courts are not authorized
to hold. The proposed change in the state constitution would
have allowed the General Assembly to set the fines limits
for cities.