The Oregon Justice Department issued an opinion on Friday that historical horse racing machines are unconstitutional games of chance, reports oregonlive.com.
Travis Boersma, founder of Dutch Bros coffee kiosk chain with his brother in 1992, has spent $50 million refurbishing the racetrack at Grants Pass Downs and building the Flying Lark next door. A total of 225 HHR machines were to have been the centerpiece of the Flying Lark, helping to revitalize horse racing in the state of Oregon. Boersma has said he will shut down the racetrack if the machines are not allowed.
Oregon's Native American tribes, operators of the only full-service casinos in the state, have lobbied hard against Boersma's plan since last fall. Ultimately Gov. Kate Brown directed the commission to wait to approve Boersma's plan until the justice department could issue a legal opinion.
The Justice Department opined that HHR machines “do not afford players any meaningful opportunity to exercise skills,” but the final decision lies with the Oregon Racing Commission.
“I believe the Oregon Racing Commission is acting in good faith and the process will ultimately reveal The Flying Lark to be a legal venture that serves to improve Oregon's economy,” Boersma said. “I remain committed to saving horse racing in Oregon, providing family wage jobs in southern Oregon and working closely with tribal leaders to ensure all Oregonians benefit from the opening of The Flying Lark.”
Portland Meadows, an Oregon racetrack which closed in 2018, offered HHR machines without any legal interference from the state.
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