COLUMBUS — A Columbus common pleas judge won't stop the state's plans to start selling Mega Millions lottery tickets Wednesday.

        Judge Daniel T. Hogan on Monday refused to grant an injunction requested by anti-gambling groups suing to get Ohio out of the new multistate game. The first Mega Millions drawing is set for Friday night with an inaugural jackpot of $10 million.

        Lawmakers gave the Ohio Lottery permission to join the game in December, hoping to raise more money to balance the state budget. Groups including the United Methodist Church argue the state Constitution bars lotteries with other states.

        Judge Hogan said he saw no legal harm in allowing the state to participate in Mega Millions, even if he later finds it unconstitutional.

        “The state lottery commission has taken great efforts and spent significant funds in order to launch this game,” he said.

        Lottery officials have spent $1.8 million to promote the new game including television and radio ads.

        One ad features actor Leslie Nielsen honking the horn of a Mega Millions semi truck as he drives it across the state line.

        Mark Landes, special counsel for Ohio Attorney General Betty Montgomery, was optimistic that the decision not to halt ticket sales means Judge Hogan will later decide Mega Millions is legal in Ohio.

        “Grandma won't have to drive to Indiana to play Powerball anymore,” he said.

        Ohio Lottery officials joined Mega Millions to compete with Powerball, which is offered in Kentucky and Indiana. Kentucky lottery officials estimate as much as 10 percent of its Powerball sales come from Ohioans crossing the state line.

        Don McTigue, the lawyer representing anti-gambling groups, said there is no way to predict what Judge Hogan ultimately will decide.

        “I'm confident we will win,” Mr. McTigue said. “The state of Ohio simply does not have the authority to be involved in a multistate lottery.”

        Ohio and New York are expected to join Georgia, Illinois, Maryland, Massachusetts, Michigan, New Jersey and Virginia when Mega Millions tickets go on sale Wednesday.

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