United States Sixth Circuit

In a 42 U.S.C. section 1983 suit brought by operators of horse-racing tracks, claiming that article IV, section 41 of the Michigan Constitution, as amended by voter referendum on gambling violates their federal constitutional rights under the First Amendment, Equal Protection Clause, and Commerce Clause, district court's grant of judgment on the pleadings to defendants is affirmed where: 1) Proposal 1 is rationally related to Michigan's legitimate interests in regulating gambling and promoting economic revitalization; and 2) whatever burden Proposal 1 places on racetracks, it is not a burden on interstate commerce for Dormant Commerce Clause purposes, and Clover Leaf undermines plaintiffs' position in this case because Proposal 1 "evenhandedly" regulates Michigan's gaming market and the plaintiffs have not shown that in-state firms would gain from such regulation at the expense of out-of-state simulcast providers.

Appellate Information

• Argued 01/20/2010
• Decided 09/27/2010
• Published 09/27/2010

Judges

• GIBBONS

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Phillip B. Maxwell, Melinda A. Leonard