OHIO POLITICS (a day late)
I have read Franklin County Common Pleas Court Judge Timothy Horton’s decision in which he denied Ohio Roundtable the legal standing to sue the State of Ohio for allowing casinos at racetracks, in addition to the four casinos too-specifically authorized by Article XV, Section 6(C) of the Ohio Constitution.
Judge Horton’s reasoning impresses this layman as legally sound. We cannot clog up our courts with cases from people who are not directly affected by the outcome of a legal process. But it is unfortunate, because it promotes contempt for the Ohio Constitution, next to the U.S. Constitution, the supreme law of our state. Article XV, Section 6(C) makes no provision for any casinos in Ohio other than the free-standing ones being built in Toledo, Cleveland, Columbus (which, by the way, didn’t want it), and Cincinnati.
We could hope that one of the casino developers (Penn National, owner of Hollywood Casino in Columbus would be a prime candidate) to sue the state for allowing racetracks to compete, contrary to the Ohio Constitution. They clearly have standing, since nearby competition would affect its bottom line; however, it appears that Penn National has no strong desire to do so.
The Ohio Roundtable may not have had the standing to pursue this case, but its points, as expressed by group vice president Rob Walgate, are still valid and need to be considered:
What the judge has said by passing on this, he, in essence, has said it’s legal to have any type of gambling you want anywhere… This is (about) much, much more than gambling. This is about the rule of law.
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In the next month, I have several commitments that will not allow me time to continue blogging at this time. Except for a blog post July 4, I will not write anything new until July 10. I appreciate your patience, and as always, your continued support.
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In most states, the law protects the horse racing establishments by guaranteeing that they are allowed to have the same gaming as any other establishment in the state. Thereby, if the state allows Casino gambling somewhere then the Racebooks are permitted to have similar gaming. Not sure if Ohio establishments have that cushy deal but it is pretty standard.
Horse racing has a powerful lobby in the General Assembly that, yes, gets pretty much what they want. However, Article XV, Section 6(C) was adopted by the voters in 2009, and is ridiculously specific – even to citing the exact location of each of the casinos (in fact, it had to be amended when Columbus would not allow its casino to locate where the amendment said it would be located).
My point is that it is dangerous to ignore the Constitution. Because the Constitution is the supreme law of the state, ignoring it shows contempt for the rule of law itself. If the Constitution can be ignored, then government can do whatever it pleases and the people have no recourse except through a radical electoral change or revolution. Not a good place to be.