State Shifts to Neutral Stance on Prop. 5
The change in governors resulted in a change Thursday in the state’s official legal position on the constitutionality of Proposition 5, the initiative to expand gambling on Indian reservations.
The state Supreme Court granted new Atty. Gen. Bill Lockyer’s request to withdraw arguments submitted last week by his predecessor, Dan Lungren, expressing Gov. Pete Wilson’s view that the initiative violates the state Constitution.
Lockyer instead filed papers on behalf of Gov. Gray Davis taking a neutral position on the validity of Proposition 5. Davis has said he will uphold the measure and wants to negotiate agreements with Indian tribes on the scope of reservation gambling.
Wilson refused to negotiate on the additional gambling devices that most tribes wanted.
The initiative, approved by 63% of voters in November, was put on hold by the court a month later while it reviews lawsuits by two sets of opponents.
Pro-gambling tribes were major contributors to the campaigns of Davis and Lockyer.
Proposition 5 would legalize video gambling devices and card games that now operate on dozens of California reservations without the state approval required by current law.
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