Casino boats, built
on sleight of hand, should be banned
AS THE SENATE considers a halfway measure that might ban some of
the casino boats that have taken up residence along South Carolina’s
coast, it’s useful to recall how they manipulated the law, the
courts and the Legislature to become part of our coastal
landscape.
The first of the aptly named cruises to nowhere sailed into South
Carolina literally under the cover of darkness, after a friendly
ruling from a federal judge. He ruled that boats could take
passengers three miles offshore to gamble, since state law did not
specifically prohibit that. The public was outraged at having casino
gambling foisted upon our state, and legislators vowed to shut down
the fledgling industry. But boat owners brought in expensive lawyers
to make threats of lawsuits, and the Legislature backed down.
It later turned out that all the federal and state judges who had
propped up the industry were merely agreeable, and not right — and
state law at the time actually had outlawed the cruises to nowhere.
But before that happened, as part of the compromising necessary to
convince powerful senators to agree to ban video gambling, the
Legislature had made some changes that rendered the casino cruises
legal.
In 2001, the state Supreme Court went out of its way to emphasize
that the Legislature was free to ban the casino boats if it wanted
to. But four years later, they’re still docked along the coast,
because the Senate has consistently rejected bills passed by the
House that would ban the boats. Several local governments have tried
to keep them out, but the boat owners have tied those efforts up in
court.
It is against this backdrop that one of the most vocal opponents
of the boats, Charleston Sen. Chip Campsen, has offered a bill to
authorize local governments to ban casino boats. But there is good
reason to believe that the state Supreme Court would overturn such
local bans, declaring gambling policy a matter for the state, not
local governments.
Mr. Campsen argues that such a ruling is no sure thing, but he
acknowledges it’s possible and has included a provision requiring
the state to defend local governments against the inevitable
lawsuits over their bans. But he says that even with new rules that
make it more difficult for a handful of powerful senators to stop
legislation, he sees no way he could get a true ban on casino boats
through the Senate.
That’s pathetic. If our Legislature isn’t willing to kick out an
industry that came into the state surreptitiously, conned the courts
into letting it gain a foothold and then manipulated a few powerful
legislators into twisting the law to its advantage, then what reason
does anyone have to obey our laws? The message lawmakers’ continued
acquiescence sends to other undesirables is frightfully clear: Hire
enough crafty lawyers and lobbyists, shop around for weak links in
the judiciary, endear yourself to the right legislators (note the
parallels to video poker, which lawmakers finally did ban), and you
too can have your way with our state.
There’s no reason local governments should have to do the state’s
job, and fight court battles they are likely to lose. The Senate
should ban casino cruises. And if it won’t, the House should try
once again to force that action. The integrity of our government is
at
stake. |