Facilities with more than 75 video lottery terminals are considered a casino, according to the advisory opinion.ĭutch Bros co-founder Travis Boersma has poured tens of millions of dollars into building the facility called the Flying Lark, where he planned to install the “historic horse-racing” terminals where participants can bet on old horse races. Like many other states, Oregon doesn’t allow casinos or lotteries unless they’re located on tribal lands or run by the state, such as the Oregon Lottery. The opinion says the machines “are games of chance that do not afford players any meaningful opportunity to exercise skill.” As such, they’re technically lotteries.

The advisory opinion was presented privately to the Oregon Racing Commission on Tuesday, then published publicly on the justice department’s website Friday afternoon. “The planned concentration of 225 electronic gaming machines offering games of chance constitutes a casino,” the opinion reads.ĭepartment of Justice lawyers concluded the proposed gaming center would therefore violate the state’s constitutional prohibition of casinos. The answer from Oregon’s attorneys: “No.” The Oregon Racing Commission sought advice about whether it was legal under Oregon’s constitution to operate a facility with 225 horse-racing terminals, which are similar to slot machines and allow participants to bet on old horse races.

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