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Kermit
Schayltz looks over a half-dozen tables bustling with
Texas Holdem poker players at the Lucky Derby Card Room
in Citrus Heights - and wonders how long it will last.
"We're doing well now," said Schayltz, who has owned the
poker room since 1990, "but I really believe that unless
things change, it's only a matter of time before we are
out of business."
For
Rick Baedeker, it's not life or death - but it's close.
"If
this proposition goes down," says the president of
Hollywood Park racetrack, "we will have to retrench as
an industry and figure out some other wayto keep going.
But it will be tough."
What unites Baedeker and Schayltz, who, at least
nominally, are rivals for Californians' gambling
dollars, is their antipathy for a common enemy - Indian
casinos.
Since voters approved a constitutional amendment in 2000
that gave tribes an exclusive franchise on slot machines
in California, Baedeker, Schayltz and virtually everyone
else in the racing and card room industries has
prophesied doom for their businesses.
What
they need to survive, they say, is a level battlefield.
What they need, they say, is Proposition 68.
Created by two Sacramento political consultants, drafted
by the attorney who created the California Lottery
initiative 20 years ago, and sponsored by two county
sheriffs, Proposition 68 takes a curious
carrot-and-stick approach to solving Baedeker's and
Schayltz's problems.
Under it, every California tribe that wanted to run a
casino would have to enter into a new compact with the
state. The tribes would have to share 25 percent of
their slot machines' net revenues with local public
safety agencies and programs for abused and foster
children.
The
tribes also would have to agree to state court
jurisdiction in disputes with customers or local
governments near the casinos, and abide by state
environmental laws.
Moreover, the new deals would have to be approved by the
governor, the Legislature and the U.S. Department of
Interior within 90 days of the proposition taking
effect.
If
even one tribe failed to agree, a group of 11 card rooms
and five racetracks - all of them in the Bay Area and
Southern California - would be allowed to operate a
total of up to 30,000 slot machines.
The
tracks could have up to 3,800 machines, the card rooms
from 800 to 1,700 slots. Thunder Valley Casino in Placer
County, the largest tribal casino in the state in terms
of machines, has about 2,700.
Card
rooms like Schayltz's would be granted four slot machine
"licenses" for each table in their establishments. They
could then sell the licenses to the highest bidders
among the big tracks and card rooms but could not
operate slots themselves.
The
tracks and card rooms would be obligated to share about
a third of their slot revenues with local governments,
fire and police agencies and programs for troubled
children.
Proponents have stuck steadfastly to the campaign
message that the tribes need only pay their "fair share"
to avoid any competition unpleasantness.
"All
the tribes have to do is agree to the provisions (of
68)," said Baedeker, "and not a single slot machine will
be operated by anyone else."
They
also insist they are only following up on Gov. Arnold
Schwarzenegger's pledge during last year's recall
campaign to collect a "fair share" of revenues from the
tribal casinos.
Schwarzenegger, who ardently opposes Proposition 68, has
since reached deals with nine tribes that give the state
about $200 million per year, along with financing
guarantees for a $1 billion transportation bond.
To
the proposition's opponents, the fair-share argument is
a contrivance designed to distract voters from the
ballot measure's real purpose.
Foes
of Proposition 68 - who include a majority of district
attorneys, county sheriffs, and law enforcement
organizations as well as the Republican governor - point
out that even if every tribe agreed to 68's provisions,
a rejection of the deal by a federal court or the
Interior Department would trigger the
slots-for-tracks-and-card-rooms provision.
"This is nothing more than a transparent attempt to put
Las Vegas-style casinos in the midst of California's
largest urban areas," said Dan Schnur, a consultant to
the No on 68 campaign. "To suggest anything else is
ludicrous."
Whatever the merits of fair-share and urban-casino
arguments, it's indisputable that slot machines are
unrivaled in the gambling business as revenue producers.
In the right setting, a single machine can easily net
$175,000 a year.
And
card room and racetrack people say it's indisputable
that they can't compete with the tribes if they don't
get to play by the same rules.
Racing industry officials say California already is
hemorrhaging business to states such as New Mexico and
West Virginia, where "racinos" - racetracks with slot
machines - are legal.
The
slots generate revenues that create bigger purses for
the races, which makes the states magnets for horse
breeders, owners, trainers and jockeys.
"We're not talking about losing one racetrack, but
racetracks all over California and the entire breeding
industry," said Jack Liebau, president of the Bay
Meadows track in San Mateo. "That's 60,000 jobs at
risk."
For
California's card room operators, the success of tribal
casinos has accelerated a decline that began about a
decade ago and has seen the number of rooms go from 220
in 1997 to 92 today.
One
of the survivors is Schayltz, a 55-year-old former
general contractor who bought the Lucky Derby basically
because he liked to play poker.
Over
the past decade, he said, he's fought a steady and
expensive battle with state and local officials over
efforts to expand his business.
"I
don't know how many times I came home and told my wife,
'Honey, if we don't have a good weekend, we are going to
have to shut the doors,' " he said.
Schayltz acknowledges that business lately has been
good, spurred by the current public fascination with
high-stakes poker tournaments on television, "but we all
know that won't last."
The
money from leasing the slot licenses he would get if
Proposition 68 passes, he said, would help keep the
doors open after the current HoldEm fad fades.
But
Schayltz contends the issue is more about fairness than
money.
"I
served 27 months in Vietnam, I pay my bills, I pay my
taxes, I provide jobs," he said. "How is it fair that my
business should slowly die while the Indian casino down
the road gets special privileges from the state
government?"
Even
if Proposition 68 fails, its proponents have sent clear
signals that the war won't be over.
A
group of horse racing interests already has filed a suit
that seeks to block deals the governor and the
Legislature approved in June with five tribes that would
allow those tribes to have as many slots as they want.
They also have indicated they will launch referendum
drives against any new deals that allow Indian casinos
to expand.
"The
campaign and the lawsuit are separate fronts," said
David Townsend, the measure's chief political
consultant. "No one knows what is going to happen in
November, and we have the right, and are exercising the
right, to bring a legal challenge."
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