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ECUMENICAL MINISTRIES v. STATE LOTTERY COM'N

CC 91C-11532; CA A72455; SC S40178 (Control), S40463, S40568.

871 P.2d 106 (1994)

318 Or. 551

ECUMENICAL MINISTRIES OF OREGON, Victor G. Atiyeh, Robert W. Straub, Vern Ryles, Walter D. Pelett, and James W. Knapp, Petitioners on Review/Respondents on Review, and Clair Vandehey, Plaintiff, v. OREGON STATE LOTTERY COMMISSION and James J. Davey, Lottery Director, Respondents on Review/Petitioners on Review, and The Oregon Restaurant Association and Video Lottery Consultants, Inc., Intervenors-Respondents on Review/Petitioners on Review.

Supreme Court of Oregon.

Decided April 7, 1994.

Attorney(s) appearing for the Case

Rick T. Haselton, Portland, argued the cause for petitioners on review/respondents on review Ecumenical Ministries of Oregon, et al. With him on the petition and response was Lindsay, Hart, Neil & Weigler, Portland.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause and filed a response for respondents on review/petitioners on review Oregon State Lottery Commission, et al. Thomas A. Balmer, Deputy Attorney General, Salem, filed the petition. With him on the petition were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Elizabeth S. Harchenko, Sp. Counsel, Salem.

Jacob Tanzer, of Ball, Janik & Novack, Portland, argued the cause for intervenors-respondents on review/petitioners on review. With him on the petition was Rochelle Lessner.

Henry Kane filed an amicus curiae brief pro se.

Hardy Myers, of Stoel Rives Boley Jones & Grey, Portland, filed a brief for amici curiae Multnomah Kennel Club, Inc., and The New Portland Meadows, Inc.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

GRABER, Justice.

In this case, we are called on to decide the constitutionality of three statutes relating to the operation of the State Lottery—ORS 461.215, 461.217, and 461.5461—under the present version of Article XV, section 4, of the Oregon Constitution. As originally adopted in 1857, Article XV, section 4, provided:

"Lotteries, and the sale of Lottery tickets, for any purpose whatever, are prohibited,

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