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COA: Casinos can't ban card counters

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An Indiana casino cannot stop someone from playing regulated blackjack simply because he counts cards, the Indiana Court of Appeals ruled today.

In its unanimous decision in Thomas P. Donovan v. Grand Victoria Casino & Resort, L.P., No. 49A02-0903-CV-259, a three-judge panel ruled in favor of Thomas P. Donovan, who challenged a Southern Indiana riverboat casino's decision to ban him from playing blackjack there.

A self-taught "advantage player" who uses blackjack to supplement his income, Thomas Donovan played at the Grand Victoria casino in Rising Sun for about three months in 2006 under an agreement with a floor supervisor, saying that he maintain a $25 per-hand betting limit. But when a new supervisor took over, Donovan was told he was no longer welcome to play blackjack there. The 50-year-old, semi-retired computer programmer sued the casino in Marion Superior Court; the casino won earlier this year when Marion Superior Judge Robyn Moberly granted it summary judgment.

Donovan appealed, arguing that he never attempted to hide his card counting and that the practice isn't cheating or prohibited by gaming law or administrative rule. Casino attorneys argued that Grand Victoria is "a private amusement" that doesn't have to accept anyone who visits; attorneys cited a 1994 appeals court decision backing a shopping mall's right to bar a customer and said casinos have the same right.

But the appellate panel disagreed, saying that precedent from Wilhoite v. Melvin Simon & Associates Inc., 640 N.E.2d 382, 385 (Ind. Ct. App. 1994), doesn't apply in this case because of the Indiana Gaming Commission's statutory rule-making authority of casinos.

Siding with Donovan's points, the court granted summary judgment on his request for declaratory judgment to the effect that Grand Victoria may not exclude him from playing blackjack because of his card counting. The judges relied on a New Jersey case, Uston v. Resorts Int'l Hotel Inc., 89 N.J. 163, 445 A.2d 370 (1982), involving a card counter who was also expelled from a casino there.

The General Assembly gave the Indiana Gaming Commission rule-making authority to balance the respective rights of private property owners and the patron, the court wrote, but it didn't outright ban the card-counting practice.

"Grand Victoria may not simply take refuge in the common law right of exclusion, inasmuch as is the public policy of this State that gambling is subject to 'strict regulation'... and the Commission has been given the exclusive authority to set rules of riverboat casino games," the court wrote. "The Commission did not enact a provision against card counting and Grand Victoria did not seek a prohibition by rule amendment. No law, regulation, or duly promulgated rule advised Donovan that the skill of card counting was prohibited."

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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