Since 2011, the state of Ohio has been dealing with a legal challenge against casino gambling. 17 individuals involved with the Ohio Roundtable filed a lawsuit in 2011 challenging amendments that had been approved in 2009 and 2010 by voters. The majority of the suits were dismissed back in March when the Ohio Supreme Court ruled that the legal challenge lacked legal standing. The final fight against the state ended this week as a judge ruled against Frederick C. Kinsey in the case.
Kinsey claimed that the amendments to the state constitution that allowed casino gambling in the state were actually in violation of his federal constitutional rights. Judge Chris M. Brown rejected the claim by Kinsey Monday in Common Pleas Court.
In an 11 page ruling, Judge Brown stated that the court finds the Casino Amendments to have a legitimate purpose as they clearly relate to the interest of the state in regulating gaming as well as economic activities. The court also found that the Casino Amendments promote that purpose.
Kinsey was earlier able to continue his challenge to the state as he had claimed that he had plans to create a gaming venue, so the court agreed he could sue legally. Brown found that Kinsey’s claims of being denied equal protection cannot succeed as a matter of law as the state has the power to give certain companies in gaming a monopoly to operate casinos.
The bar association gaming panel chair, John H. Oberle, stated after the ruling that the court’s dismissal of the suit provides a legal certainty to the four casinos of the state and further substantiates the legal structure that the state casino law approved by voters as well as the General Assembly and the state Casino Control Commission if the case is not appealed.