Tribal Lawsuit "Unlikely to Succeed" According to Ohio Officials
August 11, 2005

The Eastern Shawnee Tribe of Oklahoma has filed a lawsuit claiming title to nearly 94,000 of acres in Ohio that the Tribe says were wrongfully taken by the state more than 170 years ago. Nevertheless, an article in the Cleveland Plain Dealer has express doubt as to whether the lawsuit will be successful. University of Dayton law professor Blake Watson is quoted as stating that these types of lawsuits have a "relatively low success rate because treaties were struck with the federal government, not colonies or fledgling states." Professor Watson further indicated that while the lawsuit is facially valid, a tribe recently lost a similar case in Pennsylvania.

The Tribe's attorney, Mason Morisset, noted that the lawsuit should be considered a serious matter, as it will cloud title to land at the center of the dispute. According to the article, Ohio Attorney General Jim Petro said that the lawsuits are baseless, and that he intends to defend the state. The Tribe sued 61 government entities and individuals, several state agencies, two cities, four villages and commissioners in 30 counties. Among those named in the suit was Ohio Governor Bob Taft.

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Barberton Police Raid "Skill Arcades"
August 11, 2005

According to an article in the Akron Beacon Journal, Police in Barberton conducted raids last month of two "skill arcades" that resulted in the confiscation of 63 slot machines and an undisclosed amount of cash. According to the article, skill arcades opened in 2003 when the state gaming laws were revised. Initially, the arcades paid winners in "free replay credits" and other prizes, but eventually began paying winners in cash. Police also confiscated a debit-card encoding machine that the arcades used to provide cards to players that the players would use in lieu of cash in the games.

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Home-Rule Gaming Campaign Will Wait Until 2006
August 11, 2005

Cleveland Mayor Jane Campbell announced last month that she would no longer seek signatures to get her "home rule" gaming proposal on this year's ballot. According to an Associated Press article, the campaign had only secured 116,000 signatures and would have needed a total of over 322,000 by August 10th. Campbell indicated that she may hire a signature collecting company and try to get the proposal on the ballot in 2006.

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Congress Examines Tribal Gaming Laws
August 11, 2005

Congress is re-examining laws that allow American Indian Tribes to open gaming facilities outside of their own reservations. According to an article in the Cleveland Plain Dealer, several Tribes attending a hearing before the Congressional Committee on Indian Affairs to discuss whether or not Indian gaming required further government regulation and oversight. Deron Marquez, chairman of the California San Manuel Band of Mission Indians testified that the majority of proposals to establish off-reservation Tribal gaming were driven by non-Indian developers. According to the article, John McCain (R-AZ) who is the chairman of the Committee, indicated that he was bothered by the number of Tribes that are attempting to open gaming facilities outside of their reservations.

More hearings on the subject are expected in the future. The article indicated that Ohio Senator George Voinovich (R-OH) may testify before the committee at a future meeting. McCain's counterpart in the House of Representatives has already drafted legislation that would ban tribes from operating casinos outside of their home states.

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Cleveland Hosts Poker Festival
August 8, 2005

As recently reported in the Plain Dealer, charitable poker festivals are being held on the west banks of the Cuyahoga River this summer. The Cuyahoga County commissioners have entered into an agreement with Jeff Jacobs to lease a site near the Nautica Entertainment Complex, where charities are sponsoring weekend poker festivals during the summer. Jacobs is investing $350,000 to set up the festivals. Jacobs commented that he wants to help charities, and the lease structure will allow local charities to receive $500,000 to $1 million this summer. Jacobs’ companies own, among other properties, two casinos in Colorado and the Nautica complex in Cleveland. Kegler, Brown, Hill & Ritter assisted Jacobs in structuring the festival in accordance with the recently enacted guidelines issued by the Ohio Attorney General's office.

Currently, the only gaming legal in Ohio is horse racing, the state lottery and charitable gambling. In order to expand gambling a statewide vote is needed to amend the Ohio Constitution. The charities which will be running the poker festivals this summer will supply up to 120 volunteers who will work concession stands and be dealers for the poker games. Under Ohio law, charities can offer poker only on property they own or lease from a governmental unit, a fraternal organization, or a veteran's organization. The charities which have signed up to run the festivals so far include the Cleveland Police Athletic League, Art on Wheels, Easter Seals of Northwest Ohio, the Cleveland Baseball Federation, the Greater Cleveland Special Olympics, Transfiguration Episcopal Church and the Up Side of Downs.

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