Gambling and the New York State Constitution

Abstract

New York State has pari-mutuel betting on horse racing for seventy years, which now includes a massive off-track betting system, State lottery, video lottery, charitable bingo, and tribal casinos. All of this takes place in a state where the Constitution makes gambling illegal except in four situations. These exceptions have now swallowed the rule. This article provides a review of the history of gambling in New York state to determine how the state came to this position, and considers what can be done to create a more rational Constitutional and jurisprudential basis for the conduct of gambling in New York state.

Keywords: Lottery, bingo, tribal casinos, horse racing