Ohio's Franklin County Court of Appeals on Thursday, March 14, issued a ruling upholding the dismissal of the Ohio Rountable's court challenge of the legality of video lottery terminals (VLTs) at Ohio racetracks. The Franklin County Court of Common Pleas had previously found the Ohio Roundtable had no standing.
The Court of Appeals issued its ruling based on lack of standing, meaning that the plaintiffs failed to show they would be personally harmed by the state's actions legalizing VLT and casino gambling in the state. The court's ruling stated, "In the present matter, we conclude none of appellants have private standing because they have not suffered or are not threatened with any direct and concrete injury in a manner or degree different from that suffered by the public in general.”
On July 17, 2009 and July 15, 2011, bills approved by the Ohio legislature pertaining to stand-alone casinos and VLTs at the state's racetracks were signed into law. The Ohio Roundtable filed a lawsuit, protesting that the expansion of gambling violated the state's constitution. Motions to dismiss were filed by Ohio Gov. John Kasich, plus the Ohio Tax Commissioner, Ohio Casino Commission and Ohio Lottery Commission.
Despite the lawsuit, Scioto Downs went ahead and built and opened its VLT facility and other tracks in the state are in the planning and construction phases of new facilities which will incorporate VLT gaming.
The plaintiffs will have 45 days to seek a discretionary appeal from the Ohio Supreme Court.