An Indianapolis man who was expelled from the Grand Victoria Casino and Resort for counting cards at blackjack is waging a court battle to win back his seat at the riverboat’s gaming tables.
The question raised by Thomas P. Donovan is: Must a casino allow a self-described professional blackjack card counter to play?
Donovan’s lawyer has argued that neither the state nor Grand Victoria, located in Rising Sun near Cincinnati, have rules barring such a practice and therefore can’t exclude him. But Grand Victoria’s lawyer contends that as a privately-owned company, the casino can choose not to do business with anyone for any reason.
Arguments in Donovan’s case were the focus of a 90-minute hearing Wednesday before a three-judge Indiana Court of Appeals at Indiana University Southeast in New Albany. The court periodically sends such panels to hear arguments outside of its Indianapolis headquarters, often on unusual cases of interest to the community.
As for Donovan’s case, there are none others like it on the books, Judge Edward Najan said during a question-and-answer session after the arguments were presented. In addition to the participating lawyers, the session drew more than 300 students, casino representatives and four judges from local courts, as well as Donovan. He declined to comment afterward.
A ruling could come in about two months, Judge L. Mark Bailey said.
After casino executives ordered Donovan off the premises in August 2006, the 50-year-old semi-retired computer programmer sued Grand Victoria in Marion Superior Court. The casino won the first round earlier this year when a Marion judge granted it summary judgment.
Donovan appealed, resulting in Wednesday’s hearing. His lawyer, Marc Sedwick of Indianapolis, argued that his client never attempted to hide his card counting – a method used to track cards being dealt to help determine how to bet.
“Card counting is not cheating” and there is no gaming law or administrative rule that prohibits it, Sedwick said.
Indiana law prohibits gamblers from using mechanical devices or gadgets to try to gain an advantage, and the Indiana Gaming Commission has banned some people from riverboats on various card cheating allegations or for other acts, such as trying to manipulate slot machines.
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During Wednesday’s hearing, Sedwick said if a Hoosier casino wants to impose special rules, it can seek permission from the gaming commission. But the casino didn’t ask the state to allow a ban on card counters, he said.
In answer to the judges’ questions, Sedwick said another casino also has barred Donovan for card counting, but another allows him to play on grounds that there’s no rule against it. Neither casino was identified.
Patrick Schomaker, Grand Victoria’s lawyer, acknowledged that card counting isn’t illegal. But he cited a 1994 appeals court decision backing a shopping mall’s right to bar a customer and said casinos have the same right.
Schomaker said Grand Victoria is “a private amusement.” Even though casinos are highly regulated, he said, the business is not a state agency and doesn’t have to accept anyone who visits.
The judges appeared skeptical about casinos screening customers.
“Why not put a sign up and say, ‘Losers welcome?’” asked Judge James Kirsch. “Isn’t that what we have here?”
According to court papers, Donovan played blackjack at Grand Victoria for some three months 2006 under an agreement with a floor supervisor that he maintain a $25 per-hand betting limit. But when a new supervisor took over, he told Donovan he was no longer welcome to play blackjack there.
Reporter Grace Schneider can be reached at (812) 949-4040.
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