Developer challenges ban on contributions
A state senator said he believes the provision will withstand the challenge.
HARRISBURG, Pa. (AP) — A Philadelphia-area developer with ties to the gambling industry has asked the state Supreme Court to strike down Pennsylvania’s ban on political campaign contributions by casino owners and executives — a ban regarded as the broadest in the nation.
The ban was part of the 2004 law that legalized slot-machine gambling at 14 different sites in Pennsylvania and was touted as a major bulwark against the political influence that the lucrative gambling industry can exert over policymakers.
If the suit is successful, it could reopen the floodgates to millions of dollars in contributions to state politicians from casino owners who have a history of giving generously to campaigns. Pennsylvania bans contributions by corporations, but has no limit on how much money can be given by one individual or partnership.
In his lawsuit filed Wednesday, Blue Bell developer Peter DePaul said the ban is unconstitutional because it represents an overly broad and discriminatory infringement of the rights of free expression and association.
“DePaul has been unlawfully deprived of his ‘invaluable right’ to speech and has been, contrary to Pennsylvania’s constitution, wrongfully excluded from participating in an important aspect of the political process,” the lawsuit said.
The lawsuit also said the Legislature never justified the ban by looking into whether the gambling industry posed any risk of political corruption.
DePaul owns nearly 10 percent of the planned Foxwoods Casino Philadelphia, which won a license from the state last December.
A spokesman for state Attorney General Tom Corbett, whose office typically defends the state when its laws are challenged, said Thursday that lawyers were still reviewing the suit and declined to comment. DePaul, a prolific campaign donor, has contributed to Corbett in the past.
State Sen. Vincent J. Fumo, D-Philadelphia, who wrote the ban into the law, said he believes the provision will withstand the challenge and pointed out that it was modeled on laws in other states, including New Jersey, that have been upheld by courts.
“I think it’s disastrous if we let an industry with that kind of ability to generate money to be giving campaign contributions,” Fumo said Thursday.
Among other things, the industry could use such contributions to persuade legislators to loosen its tight regulations or legalize table games, Fumo said.
Fumo, who counts DePaul as a good friend and one-time political contributor, said DePaul and others who won slots licenses understood the ban when they signed on.
“They got the licenses and now they want to change the rules in the middle of the game,” Fumo said. “But I don’t think they’re on the side of the angels on this one.”
The ban covers an unknown number of people with significant financial stakes or management roles in gambling establishments, companies that supply those establishments and slot-machine manufacturers that essentially are licensed by any state or applying for a Pennsylvania license.