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Lottery Foes Sue to Stop Mega Millions in State

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Times Staff Writer

Gambling opponents sued Wednesday to shut down Mega Millions, arguing that the California Lottery lacks authority to join the 12-state game without legislative approval.

The suit, filed in Sacramento County Superior Court, seeks an injunction halting the 2-week-old game in California until the Legislature can vote on the issue.

“This is a democracy, not an autocracy,” said Los Angeles attorney Nicholas P. Roxborough, representing plaintiffs that include Artesia City Councilman Antonio Mendoza and the California Coalition Against Gambling Expansion. The lawsuit argues that the initiative voters passed 21 years ago to create the lottery does not explicitly allow the Lottery Commission to join an interstate game.

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With little public debate, the three Lottery Commission appointees of Gov. Arnold Schwarzenegger voted unanimously in February to join Mega Millions with the hope that the game’s higher jackpots -- and greater odds against winning -- would boost lottery sales by as much as $500 million a year.

Under state law, 34% of lottery revenue is given to public schools.

Several days before the June 22 launch of Mega Millions in California, the legislative counsel’s office, which offers legal advice to lawmakers, questioned the lottery’s authority to join such a game. But lottery officials argued that the attorney general’s office had scrutinized their arrangement with Mega Millions and found no violation of California law.

“We will handle the lawsuit as professionally and respectfully as possible and move forward from there,” said lottery general counsel Melissa Meith.

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