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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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