Legislators defy threats of lawsuits in voting to ban TouchPlay

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The turnaround in the fortunes of TouchPlay machines in Iowa over the past few weeks has been astounding.

Once creeping into every corner of the state in restaurants, bars and convenience stores, the Iowa lottery devices -- and slot-machine look-alikes -- were installed in more than 6,000 businesses, with thousands of orders for more.

Now an outright ban of the machines is one signature away from reality.

On Tuesday, the House approved the ban 79-18. That followed a similar bill in the Senate that approved a ban by a vote of 40-10.

The pressure is now on Gov. Tom Vilsack, who will study the bill next week upon returning from a trip to India. In a statement released Tuesday night, Vilsack said he wants to get the attorney general's assessment before he makes a decision.

That would be wise, since legal action is sure to be forthcoming.

In fact, Bill Wohlers, president of TouchPlay distributor and operator Redline Vending in New Hampton, already has stated his intention to sue if the bill is signed into law.

"Most of our projections, our business plans were based on a 4- or 5-year agreement that we understood to exist with the Iowa Lottery," he said.

State Sen. Bill Dotzler, D-Waterloo, had predicted such action.

"My concern is that we, the Legislature, authorized these machines, and if we do decide to get rid of them, I think we have a legal obligation that the people that have purchased them don't get burned in the process," Dotzler said.

After the ban vote by the Senate, Dotzler's comments seemed more resigned.

"We're going to get sued," he said. "And I would sue us, too."

State Rep. Deborah Berry, a Waterloo Democrat, voted against the ban.

"I'm not one who necessarily supports having these machines, but I just don't think it's fair that we … pull the rug from under the businesses that have already invested time and money," Berry said.

But Rep. Willard Jenkins, R-Waterloo, said community reaction has been overwhelmingly against the machines. He voted for the ban.

"I think it was the right thing to do," he said.

From July through February, the machines took in $212 million. It was estimated the state would take in more than $30 million for the year. Businesses were enjoying a cut as well.

"I hope, as we go through this process, that we remember those areas that are going to be hurt, that are going to lose this revenue, the businesses that are going to close, the grandmas that may not be able to buy milk or bread in their town," said Rep. Clarence Hoffman, R-Charter Oak.

Hoffman's spinning an image of a grandmother not being able to get milk and bread is laden with political drama, but the point is businesses have invested in the machines. Obviously, they don't want to see them go.

But lawmakers should be congratulated for listening to residents of their communities and not caving in to legal threats. They also went a step further than a task force assembled by Vilsack, which had declined to address a ban or even a limitation on the machines, instead coming up with recommendations that would limit exposure of the machines to minors.

Vilsack has stated that he likely would follow whatever direction legislators voted for. But threats of lawsuits have clouded that issue.

In fact, the House added another provision in the bill that would put a nearly 90 percent excise tax on any machines still operating after the 45-day period businesses would have to get rid of the machines. The provision was added should businesses sue the state and get an injunction to keep the machines

The decision now rests with Vilsack, who has been irritated that TouchPlay has been overshadowing other issues in the state Legislature and the media. He has stated that he wished other issues were getting as much ink as TouchPlay, namely the hammering out of the state's education budget.

Ideally, that would be the case. But whether the governor signs off on the ban plan or not, it's a sure bet the TouchPlay machines won't leave Iowa's convenience stores, bars and restaurants as quietly as they came in.

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