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Wednesday, July 01, 2009

Ind. Courts - Injunction against Governor not needed after all, but interesting

Dave Stafford of the Anderson Herald Bulletin reported yesterday:

Fearing lawmakers might fail to produce a budget, Hoosier Park and other state gambling sites went to court Tuesday and got an order to prevent a state shutdown in such an event.

Marion County Superior Court Judge John F. Hanley issued an injunction that barred Gov. Mitch Daniels and state agencies from closing casinos and race tracks if a budget had not been approved. Hanley sided with casino operators who said the state had no grounds to close the sites amid the budget crisis.

Daniels had threatened Tuesday to close the gaming sites if a budget had not been approved by midnight. He had claimed that state gaming regulators were nonessential state employees who would be furloughed without a budget.

Hanley disagreed and ruled that closing casinos and race tracks would provide no benefit to the state and would irreparably harm the gaming sites.

“All costs associated with the enforcement of the Indiana Gaming Commission’s powers and duties are paid for directly by the casinos, including all the costs associated with gaming agents who are on site in every casino,” Hanley ruled. “No monies are expended by the state of Indiana to pay for gaming agents or the cost of enforcing regulations.”

The Casino Association of Indiana filed its request for an injunction against Daniels, the Gaming Commission and the Indiana Attorney General’s office. It sued on behalf of the state’s gaming sites, including Hoosier Park.

“I think we presented a very good case,” said Jim Brown, Hoosier Park director of gaming.

While approval of a state budget averted a possible shutdown, Tuesday’s ruling could set a precedent if the state finds itself in a similar future financial crisis.

Hanley’s order set a hearing of giving the state until July 8 to show why his injunction should not be made permanent.

For Brown, the ruling ended days of planning for the possibility of a state-imposed shutdown ahead of one of Hoosier Park’s biggest weekends.

“It was interesting,” Brown said. “I’m just extremely happy that we’re going to be open and celebrating an exciting Fourth of July weekend.”

Posted by Marcia Oddi on July 1, 2009 09:39 AM
Posted to Ind. Trial Ct. Decisions