Ohio Gaming Law: February 2005 News

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Garfield Heights Passes Charity Regulations
February 25, 2005

According to the Plain Dealer, the Cleveland suburb of Garfield Heights’ City Council has recently agreed to regulations for holding gambling events within their city limits. Under the new regulation charities must get a license to have a gambling fundraising event, and there must be disclosure of detailed information with regard to those involved in the event. The law requires that in order for the charity to get a license, they must show proof of their tax exempt status. In addition, the organizers of the fundraiser must provide information about income and expenses particular to that fundraiser, and provide names and driver’s license numbers for all card dealers and volunteers who are working the event.

The new law went into effect on February 9, 2005. The police chief now has the ability to exclude any felons or people convicted of misdemeanor gambling crimes from volunteering to work at these charity fundraising events. The police hope that this new law will curb the use of professional dealers at these events, even though state law requires dealers to be volunteers and prohibits them from receiving tips.

Racetrack Opposes New Racing Commission Member
February 25, 2005

According to the Plain Dealer, Thistledown General Manager Bill Murphy is opposed to Governor Taft’s recent appointment of Dr. C. William Swank to the Ohio State Racing Commission. Helen Swank, Dr. Swank’s wife, owns four standardbreds and Murphy feels this is a conflict of interest for Dr. Swank serving on the Racing Commission. The records kept by the U.S. Trotting Association show that last year Mrs. Swank raced primarily with the Buckeye county fairs and won three of ten races and $8,991 in purse monies. William Swank has commented that if there is a problem with his wife’s horses, he will step down from the Racing Commission. Racing Commissioner Norm Barron stated that the Governor’s office is now aware that Dr. Swank’s wife owns horses. A possible solution is that Mrs. Swank could continue to own horses, but will have to race them in other states. According to Barron, Taft’s office is expected to have a decision about the situation by March 31.

Vegas Night Participants Cautious of Police Raids
February 25, 2005

As recently reported in the Cleveland Plain Dealer, gamblers at a four-day charity event at the Veterans of Foreign Wars Post 1500 were worried that state agents were going to raid the event. Consequently many players frequently cashed in their chips so they could keep all of their winnings if a raid did occur. During a raid state agents usually confiscate chips and currency from player’s tables and the operators’ cash boxes. The current Ohio statute prohibits casino style gambling, unless it is a fundraising event for a charity, with all the proceeds of the event going to the charity. Over the last several months police have raided Vegas nights at a VFW hall in Bainbridge Township and at an American Legion Post in Avon Lake.

Attorney General Revokes Bingo Permits
February 25, 2005

According to a recent article in the Dayton Daily News the bingo licenses for South Dayton School and Moraine Lyceum were revoked by Attorney General Jim Petro’s office. The license revocations came a year after the Attorney General had an organized crime task force raid the Moraine site along with eighteen others in Greene and Montgomery counties. Petro’s office stated that these sites were part of widespread charity scams where millions of dollars were diverted to private individuals and companies.

In April 2004 Petro’s office sent revocation notices to South Dayton School and Moraine Lyceum, along with two other Dayton area bingo charities, First Mental Retardation Corp. and Educational Resources Inc. The latter two organizations withdrew their bingo licenses voluntarily after receiving the notice. However, South Dayton School and Moraine Lyceum continued to play bingo and requested a hearing regarding the licenses with the Attorney General’s office. Information released from the Attorney General’s office after the hearings show that there is quit a bit of money unaccounted for by the two organizations. Currently under Ohio law, all the profits from bingo games must go to a charity. Michael E. Zatezalo with Kegler, Brown, Hill & Ritter, who represents both organizations, commented that the money was used to pay legal fees, as well as for the upkeep of the school buildings. In addition, because the schools’ assets were frozen by investigators, the schools could not reopen this year. Zatezalo commented that he is appealing the orders by the Attorney General’s office in the Montgomery County Common Pleas Court.

Proponents of Ohio Casinos Still Optimistic
February 25, 2005

According to recent articles in the Middletown Journal and Cincinnati Enquirer, despite having a proposed agreement between the City of Monroe and the Eastern Shawnee Tribe of Oklahoma tabled, backers remain optimistic. Terry Casey, a Columbus-based consultant for the tribe characterizes the agreement with Monroe as "one of the best local agreements in all of America …" The project dubbed "Wild Creek at Monroe" is expected to cost $750 million and include 600 acres of additional development including offices, dining, lodging and other entertainment. Religious leaders who were successful in getting the proposed agreement tabled brought 150 concerned residents to the Council meeting and the proposed legislation was tabled indefinitely. "Please just slow down, re-evaluate and set a higher price of what we are worth to you" pleaded Terry Ball of the First Church of God.

Tribes Lobby State Leaders for Casino Style Gambling
February 25, 2005

According to the Columbus Dispatch, Charles Enyart is on a mission to get state leaders to accept casino style gambling in the State of Ohio. Enyart, Chief of the Eastern Shawnee Tribe of Oklahoma states that he and the tribe "… want to work with the governor and legislature to go that route" and allow Class 3 Las Vegas style casinos. If the state declines to enter into a compact agreement with the Shawnees, they can petition the federal government for a claim to ancestral land in Ohio and if successful such land would be recognized as reservation land and allow the tribe to offer Class 2 gambling without payment of state or local taxes. The Governor remains opposed to such projects. According to Orest Holubec, Governor Taft's spokesperson, "The governor is opposed to expanding gambling in the state." With a budget crisis looming, other state officials have expressed concerns, but also a willingness to review proposals. House Minority Leader Chris Redfern, D-Catawba Island said for Taft and others to pretend that state-sanctioned gambling doesn't already exist is hypocritical at best," and he advocated consideration of state-regulated casinos.