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Jeffrey D. Robinson, Baach Robinson & Lewis
Letter to DC Board of Elections and Ethics explaining the difference between the two versions of the Video Lottery Initiative
March 14, 2006




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March 14, 2006 

By Hand Delivery

Kenneth Mcghie, Esq.
General Counsel
Board of Elections and Ethics Government of the District of Columbia 
One Judiciary Square 441 4th Street NW
Suite 250 North 
Washington, DC 20001

Re: Video Lottery Initiative of 2006

Dear Mr. Mcghie:

I write on behalf of Barry Jerrels, proponent of the Video Lottery Initiative of 2006 ("VLT Initiative") and Video Lottery Initiative of 2006 B ("VLT Initiative B") filed today, March 14, 2006 to explain the differences between the two initiatives.

As I explained to you over the telephone, the proponent's preference is to proceed with the VLT Initiative. The VLT Initiative B has been filed as a back-up because it is nearly identical (except for a change of location) to the initiative that the Board of Elections and Ethics and the Court approved as a proper subject of an initiative in 2004.

The only differences between the two initiatives are that the VLT Initiative drops two provisions contained in the VLT Initiative B. First, the VLT Initiative removes the restriction contained in the VLT Initiative B and the 2004 initiative preventing the District of Columbia Lottery and Charitable Games Board from approving an additional Video Lottery Terminal ("VLT") facility for ten years after granting the first license. Second, the VLT Initiative removes the explicit authorization for 3,500 VLT's found in the VLT Initiative B and the 2004 initiative. For ease of reference I enclose a black lined copy of the VLT Initiative that shows the material that was deleted from the VLT Initiative B.

While we do not believe that these deletions should have any impact on the determination that the VLT Initiative is the proper subject of an initiative, the proponent has filed the VLT Initiative B in an abundance of caution. Should the VLT Initiative be approved for circulation, it is the proponent's intention to withdraw the VLT Initiative B.

If you have any questions regarding this matter, please contact me.

Jeffrey D. Robinson

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