Powerball Lawsuit Moved To Pueblo
Lottery Officials Say Powerball Start Not In Jeopardy
DENVER -- A judge ruled Wednesday that a lawsuit aimed at
blocking the multistate lottery game Powerball should be
transferred to a Pueblo court, prolonging the litigation just eight
days before tickets for the game go on sale.
District Judge J. Stephen Phillips granted a request by the
Colorado Lottery Commission to move the proceedings out of Denver,
saying he was concerned that many witnesses in the case are in
Pueblo where the Colorado Lottery is headquartered.
No date for another hearing was set, and it was not determined
which judge would hear the case.
Colorado Lottery Executive Director Mark Zamarripa said that the
pending lawsuit will not affect plans to start selling Powerball
tickets on Aug. 2 for a drawing two days later unless a judge
orders the game to stop.
"We'll continue with our plans," Zamarripa said. "We're ready
to launch on Aug. 2, barring any changes or direction from the
court."
The lawsuit was filed in June by Sen. Doug Lamborn, R-Colorado
Springs. He claims Powerball violates the state constitution in the
way it directs revenue from the game and in how it is supervised.
"I'm disappointed," Lamborn said after Wednesday's hearing.
"But we'll do whatever it takes to follow the law and the court's
direction. I'd rather resolve it before tickets go on sale."
His attorney, Michael Norton, had argued against moving the
case, saying that several lawmakers and politicians in Denver also
would be witnesses.
Voters in November narrowly approved a referendum allowing
Colorado to participate in a multistate lottery. Lottery officials
chose Powerball, which is offered in 20 other states and the
District of Columbia.
At the time, they projected that the game would begin in
September. Last week they announced the game would start ahead of
schedule.
The game has a $10 million minimum jackpot for matching five
numbers plus the "Powerball" number. Lottery officials say the
chances of winning the Powerball jackpot are about one in 80
million.
Proceeds from the sale of Colorado Powerball tickets will go to
the Lottery's current proceeds recipients: the Conservation Trust
Fund, State Parks, and Great Outdoors Colorado (GOCO) Trust Fund.
If the GOCO fund exceeds its cap of about $44 million, spillover
will be directed to public schools to address health and safety
issues under a bill that was passed by the Legislature.
Lamborn claims that funding structure violates provisions in the
state constitution that direct spillover revenue to the state
General Fund.
He also claims that Powerball falls short of the constitution's
provisions requiring state supervision of lottery games. Lottery
officials say Powerball will be supervised by Colorado officials
rather than officials who manage the multistate lottery from Iowa.
"You can't play fast and loose with the constitution," Lamborn
said. "You have to amend it properly."
He is seeking to temporarily block the game and ultimately void
it but the legal battle could become more difficult after the game
begins.
Norton acknowledged that a judge might be more reluctant to
block the game once tickets are on sale. He said he is hopeful the
lawsuit will prevail on constitutional grounds.
Meanwhile, lottery officials are going forward with the plans.
"We know the players want this game," Lottery spokesman Todd
Greco said. "They call us every day."
District Judge J. Stephen Phillips granted a request by the
Colorado Lottery Commission to move the proceedings out of Denver,
saying he was concerned that many witnesses in the case are in
Pueblo where the Colorado Lottery is headquartered.
No date for another hearing was set, and it was not determined
which judge would hear the case.
Colorado Lottery Executive Director Mark Zamarripa said that the
pending lawsuit will not affect plans to start selling Powerball
tickets on Aug. 2 for a drawing two days later unless a judge
orders the game to stop.
"We'll continue with our plans," Zamarripa said. "We're ready
to launch on Aug. 2, barring any changes or direction from the
court."
The lawsuit was filed in June by Sen. Doug Lamborn, R-Colorado
Springs. He claims Powerball violates the state constitution in the
way it directs revenue from the game and in how it is supervised.
"I'm disappointed," Lamborn said after Wednesday's hearing.
"But we'll do whatever it takes to follow the law and the court's
direction. I'd rather resolve it before tickets go on sale."
His attorney, Michael Norton, had argued against moving the
case, saying that several lawmakers and politicians in Denver also
would be witnesses.
Voters in November narrowly approved a referendum allowing
Colorado to participate in a multistate lottery. Lottery officials
chose Powerball, which is offered in 20 other states and the
District of Columbia.
At the time, they projected that the game would begin in
September. Last week they announced the game would start ahead of
schedule.
The game has a $10 million minimum jackpot for matching five
numbers plus the "Powerball" number. Lottery officials say the
chances of winning the Powerball jackpot are about one in 80
million.
Proceeds from the sale of Colorado Powerball tickets will go to
the Lottery's current proceeds recipients: the Conservation Trust
Fund, State Parks, and Great Outdoors Colorado (GOCO) Trust Fund.
If the GOCO fund exceeds its cap of about $44 million, spillover
will be directed to public schools to address health and safety
issues under a bill that was passed by the Legislature.
Lamborn claims that funding structure violates provisions in the
state constitution that direct spillover revenue to the state
General Fund.
He also claims that Powerball falls short of the constitution's
provisions requiring state supervision of lottery games. Lottery
officials say Powerball will be supervised by Colorado officials
rather than officials who manage the multistate lottery from Iowa.
"You can't play fast and loose with the constitution," Lamborn
said. "You have to amend it properly."
He is seeking to temporarily block the game and ultimately void
it but the legal battle could become more difficult after the game
begins.
Norton acknowledged that a judge might be more reluctant to
block the game once tickets are on sale. He said he is hopeful the
lawsuit will prevail on constitutional grounds.
Meanwhile, lottery officials are going forward with the plans.
"We know the players want this game," Lottery spokesman Todd
Greco said. "They call us every day."
Copyright 2002 by TheDenverChannel.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.





