Subject: RE: 6/26 Open Records Request
To: <lottoreport@lottoreport.com>

July 3, 2003

Dawn Nettles
P. O. Box 495033
Garland, Texas 75049-5033

Dear Ms. Nettles:

I am responding to your June 26, 2003 e-mail requesting information from the Delaware Lottery. You requested information regarding the Lottery's Powerball participation including, by draw, sales, number of winners, and unclaimed prize amounts since the inception of the game.

Under the Delaware Freedom of Information Act ( FOIA ), 29 Del. C. chapter 100, public records of Delaware agencies are open to inspection and copying by citizens of the State of Delaware. 29 Del. C. §10003(a). Your request, which appears to be on behalf of a non-Delaware citizen, falls outside the scope of the persons entitled to inspect records under §10003(a). Del. Attorney General s Opinion, 91-IO03 (Feb. 1, 1991); Del. Attorney General s Opinion, 96-IB01 (Jan. 2, 1996). Therefore, the Lottery must deny your FOIA request for records.

Very truly yours,

Vernon A. Kirk

Vernon A. Kirk
Principal Deputy
Delaware Lottery
302.744.1604 (voice)
302.739.6706 (fax)
vernon.kirk@state.de.us

What is significant about this message?

WOW, what can I say to this one? Surely if Texas joins
Powerball, Delaware will acknowledge that Texas residents
are entitled to Powerball information. It will be a "partnership,"
a "co-mingling of taxpayer monies." If not, we're in BIG trouble.

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