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Card counter cannot be banned by Indiana Casino

A short while ago we brought you the news that Thomas Donovan, an Indiana gambler, was fighting a casino ban. Donovan was accused of card counting at the Grand Victoria Casino and was banned. Donovan believed the casino had no right to ban him so he went to court. An appellate court recently heard his case and overturned the decision the trial court made in favor of the casino.

Donovan visited the Grand Victoria Casino and Resort to play blackjack as he supplements his income with his blackjack earnings. Donovan is considered an advantage player as he counts the cards played and adjusts his bets accordingly.

Donovan had a deal with the Grand Victoria that he could play blackjack and count cards if he did not bet more than $25 per hand. A new pit boss refused to honor the above agreement so Donovan sued the casino for breach of contract.

Donovan’s argument was that because the casino catered to tourists, it could not exclude a patron arbitrarily. Operators of the casino countered Donovan’s claims by stating as a private company the casino could exclude anyone as long as they do not violate civil rights laws.

When the case went to trial court the court ruled in favor of the casino. But Donovan took his case to appellate court soon after and the court overturned the previous decision citing the rule-making authority of the Indiana Gaming Commission.

The court ruled that the casino may not exclude Donovan from blackjack because he counts cards. Judge Bailey wrote: "The Commission did not enact a prohibition against card counting, and Grand Victoria did not seek a prohibition by rule amendment.”

2009-11-06