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Kopecky: IRGC Violated Iowa Law
Updated: Friday, July 25 2014, 08:00 AM CDT
CEDAR RAPIDS, IA (CBS 2/FOX 28) - It's just a few pages, but if a judge agrees with former Linn County attorney Gene Kopecky, the effects could be huge.
“My primary goal is to get the money for the charities,” Kopeck says.
Kopecky is aware of the millions of dollars that would go to charities with the existence of a Linn County casino, one that was turned down by a 4-1 vote by the Iowa Racing and Gaming Commission back in April.
The primary reason given for each "no" vote: cannibalization of existing casinos.
"the question that needs to be answered, and that we're asking the court to answer, is whether or not that is a valid reason for denying the license in the county."
Here's what Kopecky is talking about:
There's no mention in state law that the commission should protect the income and profits of existing casinos, but only states that the commission should regulate, supervise and make sure operators follow the law.
Kopecky also believes, by protecting the revenue of existing license holders, the commission, in his view, violates Iowa law against restraint of trade and could create a monopoly.
And then there's the matter of the county casino license.
Kopecky says by using the "cannibalization" argument, commissioners are effectively turning a county casino license into a regional one, preventing neighboring counties from seeking their own regional license.
And finally, Kopecky claims the commission ignored the decision made by Linn County voters.
"What they're doing is protecting existing license holders,” Kopecky says. “I can't believe that the law is written to nullify the vote of the people or why would they give that vote to the people in the first place."