Court may shut down Mega Millions in California

Nov 28, 2005, 6:43 am (31 comments)

Mega Millions

California Democrats may yet 'reap what they sow', as they started the effort to shut down Mega Millions soon after it started.

Mega Millions, the multistate lotto game California joined in June, could be shut down Friday if the Schwarzenegger administration loses its battle to keep the game running.

The state-run lottery and an anti-gambling group are set to argue in Sacramento court whether to halt the game as a judge weighs claims by the group and Democratic legislators that voters permitted a lottery only within California.

Republican Gov. Arnold Schwarzenegger, who backed joining Mega Millions to ease the state deficit, says he isn't worried about the court challenge.

His acting lottery director, Melissa Meith, said the agency "is not relinquishing any operational control."

But Woodland Hills attorney Nick Roxborough, who represents Californians Against Gambling Expansion, said the lottery is "out of control" and "believes it is answerable to no one."

"It's time Californians and their representatives reassert their control and put an end to the bureaucratic haughtinesswhich has been an insult to our democratic process," he said.

The lottery, which gives education a third of its sales revenue, launched Mega Millions with permission of the policy-setting Lottery Commission, appointed by Schwarzenegger.

CAGE filed suit, claiming the commission violated the Lottery Act, approved by voters as Proposition 37 in 1984, by not going to the Legislature or voters themselves for permission to join a multistate lottery.

Amid the controversy, Sen. Dean Florez, a Bakersfield Democrat whose committee oversees the lottery, appealed unsuccessfully for a delay in Mega Millions participation, then saw his bill to authorize the game but bar joining an international lottery blocked by Schwarzenegger.

Meanwhile, two key engineers of importing the game have disappeared from the lottery.

Former Acting Lottery Director Chon Gutierrez, who said proceeding with the game under a legal cloud was a calculated "gamble," retired abruptly.

Schwarzenegger's former special adviser to the lottery, Kim Smith, who admitted to impersonating a reporter to gain lawsuit information, has been shifted to an obscure job-training commission.

Policy-setting lottery commissioners who approved Mega Millions were grilled by legislators when seeking confirmation of their appointments by Schwarzenegger. The commissioners were confirmed after saying they were following what they believed to be sound advice.

The state Attorney General's Office informally advised the lottery to proceed, but a subsequent formal opinion by the Legislative Counsel's Office concluded that joining the game was illegal.

Both sides agree the Lottery Act determines the scope of authority granted to the state lottery.

"But in interpreting that language, respondents (lottery officials) ignore or superficially dismiss the intent of the California voters and Legislature, instead basing their arguments on out-of-state and nonbinding case law, which interpreted and applied substantively different statutory and constitutional language and requirements," according to the CAGE lawsuit.

"A careful review of each of the out-of-state cases discloses that the lottery commissions of those states were granted broad authority to enter into multistate lotteries," it says.

"Conversely, California's constitution and Lottery Act, provide a narrowly defined authority for a limited purpose — creation of a statewide lottery only," according to the suit.

Legal experts are divided over all the ramifications to states and players if Mega Millions was shut down in California because there is no precedent for such a move.

However, the citizens of California, the only ones without a voice in this process, have spoken loudly about their opinion in this matter.  They have been buying Mega Millions lottery tickets, and helping the game achieve record jackpot growth rates.

If the plaintiffs win the legal case against the Governor, they may yet lose when they face the voters.

The Argus

Comments

CASH Only

I played Mega Millions in CA for the October 14 drawing. Don't let this happen!

Drivedabizness

The lawsuit is without merit - having said that, this is CA and history has shown that anything that can go against the lottery just might go against the lottery.

 

The game is operated under CA rules - not "Mega Millions" rules (e.g. all parimutuel prizes).

 

The Lottery Act empowers the Commission to operate the Lottery.  They do not have to ask the Legislature for "permission" to do anything.  That a lawyer on the Legislatures payroll issued an opinion means nothing.

bellyache's avatarbellyache

A lot of people who play MM's in CA will be upset if this happens, although I think it will just get dropped or thrown out of court.

Bradly_60's avatarBradly_60

I still don't understand these people.  Why would you fight a thing like this.  If you don't like it just don't buy tickets.  You don't have to punish everyone for your weird beliefs.  Mega Millions is a big money maker for their state lottery.  I doubt this lawsuit will do anything.

When will these peopl learn they are not speaking for the people.  If it ever came to a ballot of course the voters would say yes anyway. 

Brad

Just6ntlc

It's OK for California to have pari-mutuel prizes for MM. However, I would be disappointed that CA would have to leave MM. Regardless if CA loses MM, I have their MM draw history in my document.

CASH Only

The lawsuit is without merit - having said that, this is CA and history has shown that anything that can go against the lottery just might go against the lottery.

 

The game is operated under CA rules - not "Mega Millions" rules (e.g. all parimutuel prizes).

 

The Lottery Act empowers the Commission to operate the Lottery.  They do not have to ask the Legislature for "permission" to do anything.  That a lawyer on the Legislatures payroll issued an opinion means nothing.

I played MM under CA rules, and I didn't win. But I won $6 in Texas for the same drawing via the Megaplier.

libra926

A lot of people who play MM's in CA will be upset if this happens, although I think it will just get dropped or thrown out of court.

11/28........

I certainly hope it's over-ruled & thrown out of Court.....It doesn't make any sense. CALI players have been WINNING BIG.......these last couple of weeks.......What purpose would be served???

Who is being hurt by this??????

CASH Only

A lot of people who play MM's in CA will be upset if this happens, although I think it will just get dropped or thrown out of court.

11/28........

I certainly hope it's over-ruled & thrown out of Court.....It doesn't make any sense. CALI players have been WINNING BIG.......these last couple of weeks.......What purpose would be served???

Who is being hurt by this??????

libra: Are you thinking if you win a jackpot, you would have to share with a CA winner?

nomoneybabe

Hello! I don't understand why someone never forget about how to shut down MM in a state like CA ?
I bet a lot of Cali loto folks will be really disappointed about this thing! Please think about the feeling of them!!!


Cali's joining is a win-win situation for both MM(sale) and CA (funding to help the state)!!!


Good luck!!

CASH Only

CA had its second MM winner last night (sharing with a ticket in Michigan.) Don't let it be the last!!

libra926

HAPPY WEDNESDAY....11/30

Again, I must ask........why would CALIF.....fight over the M&M......when every 2 or 4 weeks they are winning the M&M....I just don't get it.......LOLOLOLOLOLOL

Maryland seldom has a winner, and we play everything we can get our hands on including the POWERBALL.....accross the street in the District of Columbia......CALIF   has great luck winning the M&M,  why are they fighting it so hard......I don't get it, not at all....LOLOLOLOL

Agree with stupid

CASH Only

Funny how in CA the Democrats are anti-lottery, while in the Bible Belt they're pro-lottery. I'm a Democrat who is pro-lottery but anti-NY-lottery.

libra926

Funny how in CA the Democrats are anti-lottery, while in the Bible Belt they're pro-lottery. I'm a Democrat who is pro-lottery but anti-NY-lottery.

Patriot

Hi CASH........I too am a "DEMO"......Montgomery County Maryland, which has a Repulsive Republican Gov, is staunchley "DEMO"....(please don't ask how we let that happen)....

However, the CALI DEMOS are hypocrites....with Lake Tahoe & the Casinos in N.CALI, not to mention the LAS VEGAS, NEVADA DESERT....just next door....it's tooooo rediculous.

CALI fought like hell to get the M&M....NOW, they have it....NOW, they Win it, and  The "DEMOS " FIGHT IT...LOLOLOLOLO.....

ryanm

  Yeah, really, this is bull !!  Mega Millions should stay in California, especially since they're playing by California's rules (pari-mutuel prizes)!!

libra926

  Yeah, really, this is bull !!  Mega Millions should stay in California, especially since they're playing by California's rules (pari-mutuel prizes)!!

HAPPY THURSDAY......"RYANM"

Furthermore, if this issue is still being debated by the Gaming Board, the Legislature and the Courts of CALI, why are the residents of CALI, allowed to play the M&M Tickets, in the first place????

How can they Gamble on the M&M, as long as the arguments to keep or desolve the Game are still "burning in the frying pan"???????.....None of this makes any sense to me....and CALI Gamblers are Playing and  Winning !!!!!!!

Thud

csfb's avatarcsfb

Megamillions in CA is valid until the court declares otherwise.  But what if the court rules the game is void ab initio (invalid from the beginning)!

libra926

Megamillions in CA is valid until the court declares otherwise.  But what if the court rules the game is void ab initio (invalid from the beginning)!

LurkingHAPPY FRIDAY........12/02/2005

Considering the fight over the M&M, and the fact that they have been wining big $$$$$$$$$$$, I tend to believe the Courts will throw this case out.....You know it's like the Whiskey Rebellion during Prohibition....As long as "UNCLE SAM" gets his cut of the action.....we the little people..can have our games and foibles......lolololololol.....if M&M loses in CALI...."UNCLE SAM" Loses tooooo..

LOTTOMIKE's avatarLOTTOMIKE

you know its sad it has to be like that.if the government could make money off people doing flips they would tax it.......

bellyache's avatarbellyache

Megamillions in CA is valid until the court declares otherwise.  But what if the court rules the game is void ab initio (invalid from the beginning)!

I think it will be a mistake if they discontinue MM in California. I am postive many people will be upset over this. When do we find out if the game will continue?

libra926

you know its sad it has to be like that.if the government could make money off people doing flips they would tax it.......

HAPPY FRIDAY....."LOTTOMIKE"....12/2/2005

LOLOLOLOLOLOL.......please don't give "UNCLE SAM" any ideas or temptations.....How much "fleecing of America" do you think we can stand?????LOLOLOLOLOLOL......

 

Lurking

CASH Only

you know its sad it has to be like that.if the government could make money off people doing flips they would tax it.......

HAPPY FRIDAY....."LOTTOMIKE"....12/2/2005

LOLOLOLOLOLOL.......please don't give "UNCLE SAM" any ideas or temptations.....How much "fleecing of America" do you think we can stand?????LOLOLOLOLOLOL......

 

Lurking

I once read about somebody who wasn't sure whether the government taxed the money you saved by using grocery coupons.

demonter

I hope California says in Mega-Millions, what a waste if they were forced out by the rantings of a bunch of malcontents. Who wins if they leave?

CASH Only

I hope California says in Mega-Millions, what a waste if they were forced out by the rantings of a bunch of malcontents. Who wins if they leave?

Probably just the anti-lottery folks. That's all I can think of. Maybe the Nevada casinos.

fxsterling

is power ball going to ca

CASH Only

is power ball going to ca

CA actually was part of MUSL because of a proposed "international" game.

rdc137

If Cali was already a member of the MUSL, why didn't they just start selling Powerball instead of MM?

Chewie

Much worry about nothing.  The legislatures have already seen the funds it produces.  One way or another, MM will stay in California.

CASH Only

Much worry about nothing.  The legislatures have already seen the funds it produces.  One way or another, MM will stay in California.

I Agree! US Flag

dvdiva's avatardvdiva

I still would love to see a massive jackpot and have CA locked out of it. Maybe that would get the attention of the otherwise apathetic voter.

Coin Toss's avatarCoin Toss

Prior to California joining MegaMillions press releases go out about potential $500,000,000 jackpots. (With that many nmore potential players).

As California comes in, numbers are added to top and bottom (look at an old and new play slip), taking the odds from 140:000,000 : 1 to 176:000,000 : 1.

If Califonia does leave, the odds will remain jacked up.

Not too much different than when the casino sports books used to offer football parlay cards with half-point pointspreads and advertise "Ties push" or "Ties win."

Just6ntlc

It's OK for California to have pari-mutuel prizes for MM. However, I would be disappointed that CA would have to leave MM. Regardless if CA loses MM, I have their MM draw history in my document.

If CA no longer can participate in MM after February 2006, then MM sales will suffer thanks to California. Also, I may RIP in making predictions in Mega Millions. However, I'm participating in all PB draws no matter what the jackpot is.

End of comments
Subscribe to this news story