Oregon Restaurant Services, Inc. v. Oregon State Lottery

The Oregon State Lottery and the Oregon State Lottery Commission — which, unless otherwise indicated, we refer to collectively as “the lottery” — adopted a rule that states a policy of not contracting with businesses whose “dominant use or dominant purpose” is making money from lottery games. The lottery incorporated that rule into contracts with establishments that sell lottery products. This case involves the interpretation and application of such contracts with petitioner, which operates restaurants that sell lottery products.

In brief, the lottery sent letters to petitioner informing…