AND OTHER NECESSITIES; FAILURE TO APPEAR FOR WORK, AND DISRUPTION OF DOMESTIC RELATIONS - AMONG OTHERS.
OBVIOUSLY, BY ALLOWING SOME FORMS OF GAMBLING, THE STATE LIMITS ITS ATTEMPT TO PROTECT ITS CITIZENS IN THIS AREA; HOWEVER, OKLAHOMA'S LAW NEED NOT BE CONSISTENT IN EVERY RESPECT. WILLIAMSON, 348 U.S. AT 487-8, 99 L.ED. AT 572. IT IS NOT NECESSARILY ILLOGICAL TO ALLOW AN ACTIVITY BUT, AT THE SAME TIME, TO FORBID ARTIFICIAL INDUCEMENT TO ENGAGE IN THAT ACTIVITY. FOR EXAMPLE, THE FEDERAL STATUTE PROHIBITS MOST LOTTERY ADVERTISING BUT DOES NOT PROHIBIT LOTTERIES.
IN 1986, A FEDERAL COURT STRUCK DOWN OKLAHOMA'S BAN ON LIQUOR ADVERTISING AS A VIOLATION OF THE EQUAL PROTECTION CLAUSE BECAUSE SOME MEDIA, SUCH AS IN-STATE RADIO AND TELEVISION, WERE PROHIBITED FROM AIRING OR PUBLISHING ALCOHOL ADVERTISEMENTS WHILE OTHERS WERE NOT. OKLAHOMA BROADCASTERS ASSOCIATION V. CRISP, 636 F. SUPP. 978 (W.D. OKLA. 1986). TODAY, CABLE-TELEVISION OPERATORS ARE NOT PROHIBITED FROM RUNNING LOTTERY COMMERCIALS BECAUSE OF THE FEDERAL COMMUNICATION COMMISSION'S PREEMPTION OF CABLE-TELEVISION REGULATION AS MENTIONED AT PAGE 5; HOWEVER, THIS ONE EXEMPTION FROM THE PROHIBITION IS NOT SUFFICIENT TO INVALIDATE OKLAHOMA'S STATUTE.
"A LEGISLATURE MAY ELECT NOT TO APPLY ITS REMEDY AGAINST ALL GROUPS AND ALL PROBLEMS IN THE FIELD. WILLIAMSON, 348 U.S. AT 489, 99 L.ED. AT 573. THE INFIRMITY IN THE CONSTITUTIONAL AND STATUTORY PROVISIONS REVIEWED IN OKLAHOMA BROADCASTERS ASSOCIATION WAS THAT FAR MORE GROUPS AND FAR MORE "PROBLEMS" WERE IGNORED THAN WERE COVERED BY THE BAN AS ADMINISTERED. THE COURT FOUND OKLAHOMA WAS INUNDATED WITH LIQUOR ADVERTISING; THEREFORE, PROHIBITING AN EXTREMELY LIMITED CLASS OF MEDIA FROM PUBLISHING AN EXTREMELY LIMITED CLASS OF COMMERCIAL MESSAGES WAS NOT RATIONAL. OKLAHOMA BROADCASTERS ASSOCIATION, 636 F. SUPP. AT 991-2.
THAT CASE CONTAINED AN EXTENSIVE LIST OF FACTS NOT PRESENT HERE. THE COURT FOUND OKLAHOMA OFFICIALLY PERMITTED (1) CITIZENS TO BUY AND CONSUME THE FULL MENU OF ALCOHOLIC BEVERAGES, (2) RADIO AND TELEVISION STATIONS FROM SURROUNDING STATES TO BROADCAST LIQUOR COMMERCIALS TO OKLAHOMA, (3) NEWSPAPER AND MAGAZINE ADVERTISEMENTS FOR ALCOHOLIC BEVERAGES TO BE DISTRIBUTED IN THE STATE, (4) PRINT ADVERTISING FOR LIQUOR TO BE PRODUCED IN OKLAHOMA, (5) CABLE TELEVISION TO CARRY ALCOHOLIC-BEVERAGE COMMERCIALS IN THE STATE, (6) TELEPHONE DIRECTORIES TO PUBLISH LIQUOR ADVERTISEMENTS, (7) PRODUCT PACKAGING TO CONTAIN LIQUOR ADVERTISING AND (8) DISTRIBUTORS TO PLASTER THEIR TRUCKS WITH LIQUOR ADVERTISING. OKLAHOMA BROADCASTERS ASSOCIATION, 636 F. SUPP. AT 984 AND 991.
THE FULL MENU OF GAMBLING, HOWEVER, IS NOT PERMITTED IN OKLAHOMA. ONLY THREE LOTTERIES ARE ALLOWED: BINGO (3A O.S. 401 ET SEQ.), LIMITED RAFFLES (21 O.S. 1051) AND PARIMUTUEL WAGERING ON HORSE RACES (3A O.S. 200 ET SEQ.). CABLE TELEVISION, BY VIRTUE OF EXPRESS FEDERAL PREEMPTION, IS THE ONLY MEDIUM OFFICIALLY EXEMPTED FROM THE STATE LOTTERY-ADVERTISING BAN. ON ITS FACE, THEN, THE STATE'S GAMBLING-ADVERTISEMENT BAN IS UNLIKE THE FORMER LIQUOR-ADVERTISING PROHIBITION, AND THE GAMBLING ADVERTISEMENT BAN WITHSTANDS CONSTITUTIONAL MUSTER. WHETHER OTHER MEDIA ADVERTISE GAMBLING IN OKLAHOMA WITHOUT OFFICIAL IMPRIMATUR TO AN EXTENT THAT DEMONSTRATES THE LAW IS UNEQUALLY ADMINISTERED IS A FACT QUESTION THAT CANNOT BE ANSWERED BY AN ATTORNEY