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2022 Op. Or. Att'y Gen. 1 (2022)

handle is hein.sag/sagor0087 and id is 1 raw text is: ELLEN F. ROSENBLUM                                                                   LISA M. UDLAND
Attorney General                                                                     Deputy Attorney General
185~9
DEPARTMENT OF JUSTICE
GENERAL COUNSEL DIVISION
February 11, 2022
SENT VIA EMAIL ONLY: jack~mcri1 @ orc~oaetn.lov
Jack McGrail
Executive Director
Oregon Racing Commission
800 NE Oregon Street, Suite 310
Portland, OR 97232
RE:   Opinion Request OP-2022-1
Dear Mr. McGrail:
The Oregon Racing Commission (Commission) is currently considering an application
from TMB Racing LLC (TMB Racing), the operator of the Grants Pass Downs horse racing
course. The Commission is also considering four applications from vendors affiliated with TMB
Racing. The applications relate to TMB Racing's plan to operate 225 historical horse racing
machines (HHRs) at a new entertainment facility on the grounds of the race course.
Because of gaming restrictions in our state constitution, you have requested a legal
opinion on the authority of the Commission to allow the operation of the proposed HHRs.
Whether the state constitution's restrictions on gaming reflect good public policy is not for us to
decide. Our role is limited to assessing whether the proposed HHRs are permissible under
existing state law.
QUESTION
Does TMB Racing's proposed operation of 225 HHRs comply with the Oregon
Constitution's prohibition on casinos and restriction on lotteries?
ANSWER
No. Operating 225 of these HHRs would violate two provisions of the Oregon
Constitution: Article XV, section 4(10), which prohibits casinos, and Article XV, section 4(1),
which prohibits lotteries, except those operated by the State Lottery.
The planned concentration of 225 electronic gaming machines offering games of chance
constitutes a casino. Therefore, TMB Racing's plan violates the constitutional prohibition
against casinos.
1162 Court Street NE, Salem, OR 97301-4096
Telephone: (503) 947-4342 Fax: (503) 378-3784 TTY: (503) 378-5938 www.doj.state.or.us

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