Ohio’s constitution is very specific about how much casino gambling is permissible in the state, and where it can happen, and it doesn’t mention internet gambling.
CLEVELAND — Legal analysis: With both the Ohio House and Senate having introduced competing bills that would legalize online casino gambling, there are questions about how that would actually work.
Legally Speaking, it’s possible that online gambling might not even be constitutional in our state.
Ohio’s constitution very specifically authorizes just four casino locations, spells out where they can be, and limits the number of slot machines that can exist at each facility.
Our state constitution says nothing about allowing any kind of online casino gaming.
Both the House and Senate bills (House Bill 298 and Senate Bill 197) would limit internet casino gambling licenses to the operators of Ohio’s four casinos and seven racinos, but they would also be allowed to have a third party vendor run their online operations.
Kurt Gearhiser, a Columbus-area attorney who has been practicing in the liquor and gambling space for decades, says he doesn’t think that helps.
“If a phone or computer is used to place a bet from one’s home, it certainly appears to violate the location of a casino and possibly the number of slot machines.
“While some gaming changes can be made by the Legislature, casino gaming can only be changed by amending the Ohio Constitution.”
Regardless of whether it would be constitutional to legalize online casino gaming, and who would be allowed to offer it, it’s definitely controversial.
Even the casinos in Ohio have different views on whether this is a good idea, as shown in testimony from their spokespeople before member of the Ohio House.
The operator of the Belterra Park racino in Cincinnati told lawmakers it’s good for business. Ryan Soultz, vice president of government affairs for Boyd Gaming, which operates the Belterra Park racino in Cincinnati, said, according to Casino.org:
“If we thought this was a threat to our brick and mortar business, I wouldn’t be here today to speak on this bill.“
But Jack Entertainment and Churchill Downs say that’s not true, and are part of the National association against iGaming, which told Ohio house members:
“Unlike online gaming, in-person gaming provides effective safeguards to prevent underage gambling, limit excessive access, and address problem gambling through established support programs.”
Cleveland.com reported that Governor Mike DeWine said the following on Thursday:
“Just so everybody understands, this would be 24-7. Anybody who’s got an iPhone could basically have a casino there. And the potential for addiction is just massive.”
Lawmakers who support legalizing online casino gambling say it’s already being done illegally, anyway, and this way, the state can make money off of it by taxing it.
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