NILES Ruling on event not a sure bet

A directive to not enforce a law would be 'highly unusual,' a state official said.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
NILES -- Police Chief Bruce Simeone isn't ready to give the go-ahead to charity organizations wanting to host Night at the Races events, citing a letter from the Ohio attorney general's office.
Simeone, who banned such events in the city, last summer said he received a letter saying a 1990 opinion from then-state Attorney General Anthony J. Celebrezze is not to be circulated or relied upon, since some gaming and liquor laws in Ohio will be revised July 1.
Simeone said he could not provide a copy of the letter, nor the identity of the author, since it was marked "Do not circulate."
Mark Gribben, communications director for Attorney General Jim Petro, says he's unaware of any such letter, adding it would be "highly unusual" for Petro's office to issue any directive to police agencies not to enforce a law because it will change.
What's in memo
A memo from Scott A. Pohlman, assistant deputy director with the Ohio Investigative Unit, was circulated earlier this month to several police departments in the state, with copies of the Celebrezze opinion as well as a supporting opinion from an assistant attorney general.
In the memo, Pohlman said, based on both opinions, Night at the Races events are legal. The memo also asked police departments not to circulate the supporting opinion, but rather the Celebrezze opinion for clarification.
The 1990 opinion says that under certain circumstances, Night at the Races events are allowed, provided the charitable organization hosting the event has the proper liquor permits.
"Who's going to say what those certain circumstances are?" Simeone said. "It's still not clear. All someone needs to do is say yes or no. So where are we at?"
According to the Celebrezze opinion, Night at the Races events are permissible provided the hosting organization is a nonprofit charity and no percentage of the profits is given as a wage, tip or other form of compensation.
After Councilman Stephen Papalas questioned Simeone's decision during a council meeting last month, Law Director J. Terrence Dull requested a formal opinion from Petro's office.
The city has not received a response.
What councilman said
Papalas said the Celebrezze opinion shows the events are legal and should be allowed for charitable groups in the city.
"If it were something like a Monte Carlo Night, I would understand the chief's concern and agree with him," he said, referring to events that often have card and roulette-type games. "Anything that remotely smacks of organized crime is something we should avoid."
But Night at the Races, where participants wager on a horse in pre-recorded races aired on monitors, are acceptable, he said.
"It's been a source of frustration for people in Niles, especially when these events are going on everywhere else with police presence to make sure there are no problems," he said.
Papalas said if Simeone were unsure, he should have asked council to create an ordinance to define what specifically is allowed in the city.
Simeone based his decision to shut down such events on letters exchanged in March 2001 between the attorney general's office and Rita Raimer, agent in charge of the Akron District Office of the Investigative Unit of the Ohio Department of Public Safety.
Raimer asked if Night at the Races events were considered a game or scheme of chance, what the rules were for holding such events in a liquor establishment and if nonprofit organizations were allowed to hold such events in a liquor establishment.
The unofficial opinion said state law only allows certain forms of charitable gaming in bars and Night at the Races is not one of them.
The letter did not say if such events are allowed at other locations.
Betting event
Gribben said the unofficial opinion deemed Night at the Races as a betting event, which is illegal in Ohio under any circumstances.
Games and schemes of chance are allowed for nonprofit agencies under certain conditions, but, Gribben added, an unofficial opinion would not override Celebrezze's opinion, which considers Night at the Races a game or scheme of chance.
"That opinion is valid until another formal opinion, a judge or a change in law overrules it," Gribben said.
Simeone, however, said he is not ready to allow such events just yet.
"I don't want to turn around and say 'Yes, have them,' when everything could change in July," he said.
He noted no organizations in Niles have asked to host a Night at the Races event and if one did, he would refer the request to the attorney general's office and the liquor control board.
Gribben said changes in Ohio's gaming laws -- which were to take effect April 2 but were delayed 90 days, deal primarily with definition changes for the terms "games of chance" and "schemes of chance."
"But it's only as those terms relate to bingo, not Night at the Races," Gribben said.
slshaulis@vindy.com