Article published August 23, 2007
Ohio demands shutdown of gaming devices
Gambling machines that pay cash are target of crackdown
By JIM PROVANCE
BLADE COLUMBUS BUREAU
COLUMBUS - Gov. Ted Strickland yesterday used the power of the pen to attack the proliferation of what he characterized as illegal gambling machines masquerading as legal games of skill in Ohio.
Attorney General Marc Dann said he would immediately send by certified mail some 700 cease-and-desist orders to liquor establishments and other businesses operating games like Tic Tac Fruit or Match Em Up. They would have three days to remove the machines or close their doors.
"If it looks like a slot machine, sounds like a slot machine, and pays out cash, it's a slot machine," Mr. Dann said. "Calling it something else is a violation of our Consumer Sales Practices Act, and it will no longer be tolerated."
Voters have repeatedly rejected proposals to introduce electronic slot machines to the state, most recently in November, 2006.
Mr. Strickland said his executive order, his 28th since taking office in January, establishes an administrative rule to clarify current law. It states that machines that pay out cash or offer noncash prizes valued at more than $10 in a single play are illegal gambling devices.
He hopes the change in definition will ease the legal burden on local law enforcement of proving that a game is at least 51 percent chance rather than skill.The state could seek civil injunctions to shut them down and fine them as much as $25,000 plus costs. On the list of businesses mailed orders were two liquor establishments in Toledo - Delaney's Lounge at 309 W. Alexis Road and Paris Night Club at 1202 Front St.
Mr. Dann estimated that the number of machines in the state have doubled in recent months to more than 40,000, as manufacturers and operators take advantage of murky Ohio law written to protect games of amusement and skill at such places as Chuck E Cheese and Cedar Point.
"We will defend this game in court against any attempt to confiscate by executive order or an administrative rule," said Jay Young, president of Ohio Skill Games, maker of Tic Tac Fruit machines. "We do not believe that the governor or attorney general can overturn a state statute by signing a piece of paper."
Bill Rabera of Toledo had hoped to get a license from the city to establish a free-standing skills game parlor, but he wanted assurances police wouldn't try to enforce the law until there was a clear decision from the legislature or the courts that the machines are indeed illegal.
He said if the state is going to outlaw machines with cash payouts, it should do the same with those paying out noncash prizes.
"They're still gambling machines," he said.
Outside the Jackpot Fever gaming parlor on Laskey Road between Jackman and Douglas roads in Toledo, Pam Harris said the governor has more important issues to tackle than the Tic Tac Fruit-type games in which she lost $12 yesterday.
"In my opinion, adults do what they want to do," said Ms. Harris, 50, of West Toledo, who is employed by a factory and a bar.
"If they choose to spend their money in this fashion, why should we not keep this money in Ohio rather than take it up to the casinos in Detroit? … If they choose to gamble, they're gonna find somewhere. I hate to see any revenue be lost to another state."
Ms. Harris said she plays at Jackpot Fever two or three times a month and has won $200 to $700 in some gaming sessions.
She also sees similar machines at the bar where she's employed, but she said she doesn't know of anyone who has ruined their finances in such gambling.
"I don't even know of anyone spending their rent," she said.
The governor's office noted that Mr. Strickland's predecessor, Republican Bob Taft, issued 40 executive orders in his first year, 1999. "I'm simply using the authority I am granted as governor through the executive order process,'' Mr. Strickland said.
But state Rep. Kevin DeWine (R., Fairborn) said the governor has issued "edicts as though he's been anointed to a monarchy rather than elected to work with a bipartisan legislature."
Mr. Strickland's executive order establishes a temporary 90-day administrative rule that could later be made permanent by the legislative Joint Committee on Agency Rule Review.
Staff writer Jane Schmucker contributed to this report.
Contact Jim Provance at:
jprovance@theblade.com
or 614-221-0496.
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