Gambling – now called gaming – has always had strong enemies in New York.
There was lots of gambling – almost exclusively lotteries – in New York until December 31, 1822, when New Yorkers approved a new Constitution. Article 7 Section 11 (ironically) outlawed any new lotteries.
The door was slammed in 1846 (“…nor shall any lottery hereafter be authorized, or any sale of lottery tickets allowed…”) and bolted with New York’s fourth Constitution in 1894 – Article 1 Section 9 concludes, “. . . nor shall any lottery or the sale of lottery tickets, pool-selling, book making, or any other kind of gambling hereafter be authorized or allowed within this State.”
A decade of the Great Depression weakened anti-gambling sentiment enough for a constitutional amendment to pass on November 7, 1939, approving pari-mutual betting on horse races, “. . . from which the state shall derive a reasonable revenue for the support of government.”
Still, it wasn’t until November 8, 1966 that voters approved “lotteries operated by the state and the sale of lottery tickets . . . the net proceeds of which shall be applied exclusively to or in aid or support of education.”
In the 1990s legalized gambling gained traction as a revenue source around the country, including states surrounding New York.
In 1995 a bill passed in the Legislature, allowing casinos in the Catskills and one each in Buffalo, Niagara Falls and near Lake George. Racetracks could operate gaming machines, no more than eight hours a day, only when they had races – but not in New York City, Nassau or Tioga County. It died before reaching the voters.
On December 9, 1996, the Ontario government built Casino Niagara in Niagara Falls, Canada, operated by the Navegante Group – leading to more calls for gaming to support economically depressed western New York.
On February 6, 2001, a bill to allow “video lottery machines” at race tracks was introduced in the Senate. It died in committee. But with the economic aftershocks of the 9/11 attack on the World Trade Center, the idea of “gaming” as a revenue source was irresistible.
On October 23, 2001, then-Governor George Pataki called for a package of emergency legislation that included expedited provisions for casino-style gambling on Indian lands, multi-state lotteries and a “pilot program” for video lottery terminals (VLT.)
In one day, it passed in the Assembly and the Senate, where only eight of 62 senators voted against it. One of them was David Paterson.