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Fitzgerald v. Racing Assn. of Central Iowa April 29, 2003 (02-695) return to case listing Case Summary In 1994, Iowa enacted legislation to help the gambling industry generate more revenue. The law allowed racetracks to operate slot machines, but taxed racetracks at a higher rate than riverboat casinos. Respondent brought suit arguing that the taxing portion of the statute violated the equal protection clauses of both the state and federal constitutions because racetracks and riverboats are similarly situated entities. The court found no violation because the state could have a legitimate interest in promoting the riverboat industry and the economy of river towns. The Iowa Supreme Court reversed and held that the main activities of riverboats and racetracks are similarly situated and as such, the legislation violated the equal protection clause. The opinion of the Iowa Supreme Court is found at 648 N.W.2d 555. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 5-4 to Reverse 9-0 to Reverse 8-1 to Reverse n/a 9-0 to Reverse VOTING TO REVERSE Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer VOTING TO AFFIRM Stevens Souter Ginsburg Breyer Stevens   return to case listing