The construction program itself was not in question or a point of contention. Instead, it was the way the funds were being raised for the program that business and legislative leaders took offense to. The law requires a higher tax on candy and liquor in the state, and it also derives money from legalized video gambling at bars in the state.
The video gambling would have hit a major snag had the Supreme Court ruled the construction program unconstitutional. Now, however, video gambling has a clear path to the bars in Illinois, and that has many owners feeling fortunate.
Ironically, it was a liquor distributor that was the chief opponent of the new law. The lawsuit was brought on by Chicago Blackhawks owner Rocky Wirtz. An appeals court had originally sided with Wirtz, claiming the law was too broad and dealt with more than one topic. The Supreme Court overruled the appeals court, asserting that the topics involved in the law was all related to the public works program.
While Governor Quinn claimed victory on Monday, he will still have to deal with another, large scale gambling issue. A bill has been proposed that would allow for five new casinos in Illinois, and slots at Chicago airports. Quinn has previously said he would veto any such legislation, but has not yet done so.
The governor and leading lawmakers have been negotiating a way to tone back the gambling bill, but no agreement has been reached as of yet. Senate President John Cullerton, in the meantime, has kept the bill from going to the governor's desk by issuing a stay on the legislation.
The video gambling machines plan still will have to gain approval from the Illinois Gaming Board. There is no guaranteeing the Board will give its blessing, but the Supreme Court ruling could place more pressure on the Gaming Board with millions of dollars in tax revenue at stake.
Individual cities and towns were able to opt out of the video gambling machines law when it was passed, and many chose to do so. Other territories have been waiting patiently to help local restaurants and bars by allowing the installation of the machines.