Judge dismisses lawsuit challenging slot machine legality

Judge dismisses lawsuit challenging slot machine legality

COLUMBUS - A Franklin County judge today lifted a potential barrier to the opening of racetrack slots parlors across the state, dismissing a lawsuit challenging lawmakers’ authority to approve them without a vote of the people.

The decision by Common Pleas Judge Timothy S. Horton also clears the path for a tax deal negotiated between Gov. John Kasich’s office and the operators of four Las Vegas-style casinos, including Hollywood Casino Toledo that opened Tuesday.

Judge Horton found that the plaintiffs, including staunch gambling opponent Ohio Roundtable and 19 individuals, lack standing to sue. The plaintiffs could seek to appeal the decision to the Columbus-based 10th District Court of Appeals.

Attorneys for casinos, racetracks, state regulators, and Mr. Kasich had aligned against those challenging plans to install as many as 17,500 slot machines at seven horse-racing tracks and to apply a state business tax against casino revenue after winnings are paid out.

The Ohio Roundtable had argued that the governor and lawmakers do not have the authority to approve slots-like video lottery terminals as an extension of the Ohio Lottery without putting the question first to voters as occurred with approval of the 24-hour casinos.

They argued that racetrack slots parlors are not what voters envisioned when they approved the traditional ticket lottery in 1973.