Thursday, January 13, 2000
Ind. group taking on gambling
BY TOM O'NEILL
The Cincinnati Enquirer
An Indiana citizens group of gambling opponents is appealing the defeat of its lawsuit against the state, which it claims violated the state constitution in its approval of casino licenses.
The issue involves creation of the Indiana Gaming Commission in a bill that was combined with the 1994-95 state budget act.
The lawsuit by the Southern Indiana Citizens Against Gambling was dismissed last year in Harrison Circuit Court by Judge Robert L. Bennett, who ruled the group had no standing to sue the legislature.
The merits of the group's argument were not addressed. The group wants to establish the right to sue so that its argument will be heard.
The group's goal is to overturn the law. However, its legal chairman and leader, Walter Schulz, 69, of Harrison County, conceded “the courts have been reluctant to overturn the legislature.”
He added that if his suit is successful, “it would eliminate the riverboats.”
That, he said, would be a positive step for Indiana residents, particularly those in the 11 riverside counties where casino licenses were issued.
But the group's battle so far has been a losing one.
It says the law violated several sections of the state constitution, including: that legislative acts contain only a single subject, so that it was unlawful for the state to “piggyback” the gaming legislation on the state budget act; and that gaming rights weren't extended to all who wanted them, including private clubs.
Mr. Schulz, two other group members and American Legion Post 497 in Indianapolis appealed in the Indiana Court of Appeals on Jan. 3.
The defendants, the state of Indiana and the Indiana Gaming Commission have until Feb. 3 to respond to the appeal.
John Krause, an attorney for the Indiana Gaming Commission, said Wednesday the state attorney general's office indicated it planned to file a response to the appeal by the deadline.
The attorney general's office did not return a phone call Wednesday seeking comment.
Mr. Krause declined further comment, and Judge Bennett was not available for comment Wednesday.
Millions of dollars have poured into Indiana coffers since the first riverboat casino opened in 1995.
“I think it's important,” Mr. Schulz said, “for all the citizens of Indiana, that when the legislature violates the constitution (and no one opposes it), then we're giving them a blank check.”
“Eventually,” he added, “I think it'll go to the Supreme Court.”
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