An update on Donovan's case

Tico

Well-Known Member
#1
Sad and Bad news... Indiana Supreme Court gave the thumbs down to Donovan's case.

Indiana Supreme Court refused to adopt Jersey Supreme Court‟s decision of Uston v. Resorts Casino, and it ruled against Card Counter THOMAS P. DONOVAN with these reasonings:


"An owner of an Indiana business has long had the absolute right to exclude a visitor or customer, subject only to applicable civil rights laws. This long-standing common law right of private property owners extends to the operator of a riverboat casino... " For your perusal of the ruling:



However, Donovan gets a very strong supporter (Justice Dickson) if Thomas ever decides to take his case all the way to U.S. Supreme Court :)

Dickson wrote :

"I disagree with the Court‟s foundational premise that gambling casinos are entitled to the same common law right of arbitrary exclusion as possessed by proprietors of conventional businesses at common law.

...Permitting a casino to restrict its patrons only to those customers who lack the skill and ability to play such games well intrudes upon principles of fair and equal competition and provides unfair financial advantages and rewards to casino operators. I am not persuaded that such schemes are supported or protected by any common law right or privilege...

...I find that targeting unskilled blackjack players and excluding gifted ones is grossly incompatible with the integrity of the game.

...Grand Victoria should not be allowed to exclude the plaintiff from playing blackjack simply because the casino fears that he may be exceptionally good at it."




U. S. Supreme Court: Open, open wide your golden gates, here comes Donovan with his golden roller skates. Hmm... if this Court will give thumbs up to his case... watch out ... NV casinos will ban APs no more ;) Perhaps Indiana Supreme Court's adverse ruling may turn out to be a blessing in disguise :grin: .

 

Blue Efficacy

Well-Known Member
#4
Tico said:
Sad and Bad news... Indiana Supreme Court gave the thumbs down to Donovan's case.

Indiana Supreme Court refused to adopt Jersey Supreme Court‟s decision of Uston v. Resorts Casino, and it ruled against Card Counter THOMAS P. DONOVAN with these reasonings:


"An owner of an Indiana business has long had the absolute right to exclude a visitor or customer, subject only to applicable civil rights laws. This long-standing common law right of private property owners extends to the operator of a riverboat casino... " For your perusal of the ruling:



However, Donovan gets a very strong supporter (Justice Dickson) if Thomas ever decides to take his case all the way to U.S. Supreme Court :)

Dickson wrote :

"I disagree with the Court‟s foundational premise that gambling casinos are entitled to the same common law right of arbitrary exclusion as possessed by proprietors of conventional businesses at common law.

...Permitting a casino to restrict its patrons only to those customers who lack the skill and ability to play such games well intrudes upon principles of fair and equal competition and provides unfair financial advantages and rewards to casino operators. I am not persuaded that such schemes are supported or protected by any common law right or privilege...

...I find that targeting unskilled blackjack players and excluding gifted ones is grossly incompatible with the integrity of the game.

...Grand Victoria should not be allowed to exclude the plaintiff from playing blackjack simply because the casino fears that he may be exceptionally good at it."




U. S. Supreme Court: Open, open wide your golden gates, here comes Donovan with his golden roller skates. Hmm... if this Court will give thumbs up to his case... watch out ... NV casinos will ban APs no more ;) Perhaps Indiana Supreme Court's adverse ruling may turn out to be a blessing in disguise :grin: .

It would be disastrous if NV casinos could not ban APs. Do you really think games beatable in the long term would continue to exist if that were the case?

I'm surprised shufflemaster isn't lobbying to outlaw banning of AP's!
 

21forme

Well-Known Member
#5
Blue Efficacy said:
It would be disastrous if NV casinos could not ban APs. Do you really think games beatable in the long term would continue to exist if that were the case?
How much worse could the games get? Most of the games on the Strip are garbage now.
AC is still beatable, despite the lack of banning.
 

Tico

Well-Known Member
#6
Dyepaintball12 : We should all get shirts with a huge portrait of Justice Dickson on them.
Blue Efficacy: Would be interesting to see

Ditto D & B's comments. How about a T-Shirt with witty campaign phrases:

I, Justice Dickson for President,
fight for little guys like Donovan




Blue Efficacy
It would be disastrous if NV casinos could not ban APs. Do you really think games beatable in the long term would continue to exist if that were the case?

Disagree somewhat, but not entirely. I like to paraphrase some wise advices of a well known and likable BJ Hall of Famers:


1) Directions of State Courts' headings

He said that Courts in the nation will follow Nevada cases for guidance (not Uston's case).

Wow, his prediction comes true per Indiana Supreme Court's ruling against Donovan

2) Lawsuits killed the games (i.e., Uston's case).

He said those presumptions are such utter nonsense...:rolleyes:

Hmm... His wisdom comes true on the first, perhaps his wisdom on the 2nd may be also right on ;).
 

Thunder

Well-Known Member
#7
I doubt giving the casinos the right to ban players will make a difference in the games. There are many other measures that casinos can use to stop "skilled" players.
 

Brock Windsor

Well-Known Member
#8
Some questions

-Will there be an appeal?
-Anyone know if Dononvan is planning on complying with the ban or is he planning to trespass?
-Has anyone on this forum ever been convicted of trespassing for returning to play after being banned?
-BW
 
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