The term “public order” has several related meanings.In the broadest sense, public order refers to what governments choose to do or not do.It can also be thought of as legislative requirements and the general principles that direct the actions of officials.Implicit in the concept of public order is the idea that these actions protect and promote the welfare of the public.
Ideally, public order is guided by the principle of impartiality, where the interests of any group are superseded by those of other groups.But the making of public order is anything but a benign, rational process directed by the goal of achieving public interest. Special interests, economic issues, and political considerations become elaborately involved in the process.
Some special interest groups are more successful than others in getting the attention of legislators, because they have greater financial resources or “political coup”.In the case of the game, the formulation of public order has been complicated by the fact that the government itself has become one of the groups with an economic interest in the game (especially by virtue of operating lotteries).
Government discovered game as a source of public revenue and developed an interest in promoting it.Therefore, the government can not determine impartially the demands of other groups with respect to the desirability of expanding or contracting legal gambling.
However, it was noted that there was a recurring ambivalence of Americans towards the game — and it was reflected in public order.At the same time, governments have used the game to raise money for public projects (from the building ports to arm the continental army in the colonial era) and to increase public revenues for all kinds of purposes in lotteries run by the government since the early 1960s.
On the other hand, public order in the game has been created from a number of sources — these include legislative actions, court acts, administrative decisions of state agencies, and referendums and initiatives.
Legislative action refers to passing legislation to create state lotteries and to authorize state agencies to license dog and horse racetracks, operators of charitable bingo games, and casinos . In some cases, it includes passing legislation to prohibit various kinds of gambling.
The acts of the court are another source of public order. In recent years, court acts have been particularly important with respect to the kind of gambling that may occur in Indian reservation lands.
For example, in 1987, the US Supreme Court ruled in California v. Cabazon Band of Mission Indians that a tribe could offer to any form of gambling legalized by the state in which the reservation was located, and that the tribe, not the state, had the power to regulate that by playing.In administrative decisions — decisions by agencies such as lottery boards and gaming commissions are another source of public order.
For example, lottery boards have decided to add Keno games (in California) and video lottery terminals (in West Virginia). The Wisconsin Gaming Commission decided to allow inter-track wagering on dog tracks. This, in effect, created off-track that bets and eliminated the need for explicit legislative action or a referendum.
The final sources of public order in the game are referendums and initiatives.There are many cases of the electorate that vote on both binding and consultative offers that lead to the legalization and creation of gambling companies or that prohibit their establishment.Examples include the creation of the casino that plays in three mountain towns in Colorado and in Deadwood, South Dakota, and boat casinos in Iowa and Missouri.