The Indiana Court of Appeals held oral arguments at IU Southeast on Wednesday, Oct. 15.
The second highest court in Indiana convened in the Hoosier Room to discuss the case, Thomas Donovan VS. Grand Victoria Casino and Resort.
Students and faculty were able to observe the court during the process.
The case entails Donovan arguing his right to count the cards while playing blackjack as a vocation at the casino and if he has a common law right of access to the casino premises.
The event was held on campus as part of Appeals on Wheels, which are traveling oral arguments bringing unique appeal cases to various sites such as high schools, county courthouses and colleges. They said their mission is to enable Hoosiers to learn about the judicial branch and its processes.
“The judges know a lot of people don’t understand the process,” Crystal Rowe, a lawyer at Kightlinger and Gray, LLP, said.
Rowe was contacted by Judge Edward W. Najam Jr. about organizing the event at IU Southeast to cater to the southern Indiana counties.
“We want the students to come out and see the court at work,” Rowe said.
Donovan’s representative, Marc Sedwick, from the Law Office of Marc S. Sedwick, P.C., of Indianapolis, argued that neither the state nor the casino have laws or rules barring card counting.
“Card counting is a skill, it isn’t cheating,” Sedwick said.
Sedwick also brought up the implied-in-fact contract between Donovan and the casino. He said the contract was refused after a new pit boss was confirmed.
“Donovan can no longer hold his end of the contract because he is no longer allowed access,” Sedwick said.
In his argument, J. Patrick Schomaker, of Smith, Rofles and Skavadahl Company of Cincinnati, representing the casino, cited the 1994 appeals court decision about a shopping mall’s right to bar a customer and thought the casino would have the same right.
Schomaker said the casino can choose not to do business with anyone for any reason.
The judges, however, were skeptical about the idea.
“He can play as long as he loses?” Judge James Kirsch said. “Why not put a sign up and say, ‘losers welcome?’”
The event got a strong response and large attendance from students. The Floyd County Bar Association and judges from Clark and Floyd Counties also attended lunch prior to the event on campus.
During the question and answer portion, the uniqueness of the case was something the judges discussed.
“There isn’t a case like this in the books,” Najam said.
Rowe said she hoped the students would participate in the case after viewing the appeals process by asking themselves what they would do.
A ruling for the case will be out in about two months, the judges said.
By JESSICA MEYER
Staff Writer
jessmeye@ius.edu