Saturday, August 25, 2007
Republican House Speaker Jon Husted can be forgiven for tweaking Democratic Gov. Ted Strickland and Democratic Attorney General Marc Dann, who announced Wednesday that games of chance will no longer be permitted in Ohio.
According to the Associated Press, Husted responded to Strickland’s executive order by saying he was pleased “that the governor and the attorney general have finally seen the light on this issue.”
Two months ago, Husted of Kettering refused to support legislation proposed by Strickland and Dann to prohibit cash payouts from so-called games of skill. Such transactions have the effect of legalizing slot machines, they said.
The speaker argued at the time that such devices are already illegal in Ohio and that the administration should simply enforce the law. His opinion had previously been expressed by former Attorney General Jim Petro, who put forth a rather simple test: Follow the money. In other words, cash payoffs make the machines gambling devices, which are illegal in Ohio.
There are an estimated 50,000 machines all over the state.
In announcing his executive order Wednesday, the governor seemed to be following Husted’s advice. He authorized the attorney general to issue an emergency rule on the electronic gambling machines that are found in stand-alone establishments, bars and private and social clubs.
Shutdown order blocked
In response, Dann issued 700 letters statewide ordering the 50,000 machines shut down. But on Friday, a Franklin County Common Pleas Court judge granted a temporary restraining order to Ohio Skill Games Inc. that prohibits the state from enforcing the order.
To his credit, Attorney General Dann immediately said the state will appeal the restraining order.
Dann’s reasoning: “If it looks like a slot machine, if it sounds like a slot machine, if it pays out cash, it’s a slot machine in Ohio,” he said. “Calling it something else ... will no longer be tolerated.”
In light of the action taken by the governor and the attorney general, it is appropriate for the Speaker Husted and other Republican leaders in the General Assembly to codify the changes contained in Strickland’s executive order.
It is also necessary for the executive and legislative branches to come up with a strategy for enforcing the ban. After all, if owners of the establishments that have machines find that they can get away with not only keeping them, but paying winners in cash, they will not voluntarily give up this lucrative business.
Asked about enforcement, Dann told Vindicator writers Thursday that local law enforcement agencies will be encouraged and supported by his office to use the criminal statutes to go after violators. He said that he will make available investigators, surveillance equipment and lawyers to build cases and also will pay for expert witnesses for court cases.
The attorney general noted that Ohio’s Consumer Protection Law can be applied when an illegal gaming machine is advertised as a legal device.
Dann must know that his Republican critics will be watching to see just how aggressively his office pursues violators, given that he received campaign contributions from manufacturers of such machines.
If his actions match the words he used at The Vindicator to show just how serious he is about cracking down on such illegal activity, he will easily silence his detractors.