This OpEd, written by Gerald Benjamin, was originally published by the Albany Times Union. Full text here.
New Jersey has, against all odds, gotten the U.S. Supreme Court to agree to consider overturning the federal ban on sports betting. If the court does so, some think that allowing sports betting in New York still will require another amendment to the state constitution’s already eviscerated gambling prohibition. But this is not so.
Dramatic incidents of past corruption and fears of the effects of rigged outcomes on sports’ popularity and profitability led in 1992 to a federal ban on sports betting, based upon the national power to regulate interstate commerce. Professional leagues and collegiate associations and conferences were fully supportive. To avoid disrupting the status quo, when the bill was passed exceptions were allowed not only for Nevada — then and still the national sports betting mecca — but also Delaware, Oregon, and Montana, which had in place limited sports-related betting before 1991. (Oregon and Delaware have since forgone their sports–linked lotteries). Another provision envisioned an exception for New Jersey, but that state failed to act to take advantage of it.
As other states legalized casinos and Atlantic City faced intensified competition, New Jersey leaders had a change of heart. In a 2011 referendum, two-thirds of New Jersey voters supported a repeal of the state’s constitutional ban on sports betting in casinos and at racetracks. The next year, sports betting was decriminalized in New Jersey, and two years later authorizing legislation to permit it was passed. But suits by the major sports leagues and the National Collegiate Athletic Association blocked implementation.
Strong college-level support for a sports betting ban persists, but heads of the major professional leagues are rethinking the matter. Big money is at stake for increasingly strapped state governments. Estimates are notoriously problematic, but in New York City alone tens of billions of dollars are thought be illegally wagered annually on sporting events.
This post, written by Gerald Benjamin, was originally published by the Gotham Gazette. It is reposted here with permission, click here for the full text.
When asked what a state constitutional convention might cost if called by voters in 2017, I said at a State Bar Association panel event that I had applied the Bureau of Labor Statistics CPI inflator to what I then thought was the 1967 convention’s cost and got $47 million. Casey Seiler of the Albany Times Union was there. He did not hear or realize that I had adjusted for inflation, so he used the $47 million figure as the cost of the 1967 convention. This led others to then adjust for inflation based on that number, leading to the proliferation of a faulty projected cost of $350 million, immediately seized upon by convention opponents. (Seiler later published a correction.)
The Public Employees Federation wrote: “Experts estimate a constitutional convention would cost hundreds of millions of dollars.” Senator Majority Leader John Flanagan used it as evidence that a convention would be outrageously expensive, with no “guarantee” of any positive result. The wildly wrong number repeatedly popped up in media outlets all over the state. Even after shown the error of their ways in debates, opponents were loath to give up this ‘alternative fact.’ All of this was chronicled by Bill Mahoney as an urban legend in Politico New York.
Since then a leading convention advocate, Chris Bopst, went back to the state comptroller’s actual spending records. He found that between 1967 and 1971 a total of $7,580,885 was spent on preparing for and conducting the last constitutional convention. Of this, $527,051 ($3,977,673 in 2017 dollars) was for a preparatory commission. We haven’t had one of those this time; the Legislature killed it. This leaves $7,053,834, spent over a total of four years. In 2017 dollars this is $51,448,160, not far off (8.6%) from my original more-or-less shot in the dark of $47 million.
ON LOCAL GOVERNMENT: Exploring Municipal Charters and Reform
A public educational forum presented by KingstonCitizens.org
Moderated by Co-Founder Rebecca Martin
This event will be filmed.
Thursday, July 13th, 2017
5:30pm – 7:30pm
Kingston Public Library
55 Franklin Street
Kingston, NY 12401
With very special guests:
DR. GERALD BENJAMIN
Associate Vice President for Regional Engagement
SUNY at New Paltz
JENNIFER SCHWARTZ BERKY
Ulster County Legislature and
Hone Street Strategic
A municipal charter is the “basic document that defines the organization, powers, functions and essential procedures of the city government. It is comparable to the Constitution of the United States or a state’s constitution. The charter is, therefore, the most important legal document of any city”
Join KingstonCitizens.org as we explore the function of a Municipal or City Charter’: What are they? Why do communities adopt or revise them? What are the basic forms of government under Charters, and more.
A question and answer period will follow.