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Court: Columbiana County man can sue state over casinos
By Marc Kovac
COLUMBUS
A Columbiana County man can move forward with a suit against the state over casinos, the Ohio Supreme Court ruled Thursday.
Frederick Kinsey had argued in court filings that provisions in the state constitution and state law were depriving him of the right to offer casino gaming. His case will head back to common pleas court for further deliberations.
But justices also decided a conservative group and others do not have standing to pursue a legal challenge to video-lottery terminals and other gambling policies adopted by the state.
Justice Judith French wrote in the majority decision, “Appellants have failed to establish that they have standing based on their status as individuals experiencing the negative effects of gambling, parents and a teacher of public-school students and contributors to the commercial-activity tax. Because no individual member of Ohio Roundtable has established standing, we further conclude that the Ohio Roundtable lacks organizational standing. Kinsey, however, has sufficiently alleged standing to survive appellees’ motion to dismiss his equal-protection claim.”
Jim Lynch, a spokesman for the governor’s office, said in a statement, “We are pleased that the court dismissed all but one of the claims in this case and are confident we will prevail on the only remaining claim.”
Rob Walgate, vice president of the American Policy Roundtable, said the group is considering its options but that the decision was concerning.
“... The governor and the legislature have really turned their nose at the constitution,” he said. “No one heard the facts of the case. We didn’t even get the opportunity to present the facts of the case. That’s what’s concerning. Ohioans aren’t being heard, and elected officials have free rein to do what they want, and no one can hold them accountable.”
The case has been subject to legal proceedings for several years; oral arguments took place before the state’s high court last June.
At issue was whether the conservative American Policy Roundtable and a dozen other plaintiffs had legal standing to challenge gambling-related legislation and executive actions.
Plaintiffs filed suit in Franklin County Common Pleas Court, challenging law changes and policy decisions under former Gov. Ted Strickland and current Gov. John Kasich to allow video-lottery terminals at horse racetracks, as well as agreements in place with the voter-approved casinos.
State-administered video slots are operating at tracks around the state, including in Austintown near Youngstown.
Plaintiffs in the case said the video slots amounted to casino-style gambling not been approved by voters, and the net proceeds from the devices were not being devoted to educational purposes, as stipulated under the state constitution.
Lower courts ruled the plaintiffs did not have standing to sue on the issues and could not pursue legal action.
The Ohio Supreme Court mostly affirmed the latter, except in relation to Kinsey, who said in court filings that he “would engage in casino gaming” if not for provisions in the state constitution and subsequent state laws.
Kinsey, justices determined, had standing in the case, though French added, “Whether Kinsey could conclusively demonstrate standing were he faced with a potion for summary judgment is not before us. But under the standards for dismissal. Kinsey has sufficiently alleged standing to withstand appellees’ motion to dismiss.”