Players Suing Over Blackjack Losses

Some people are just sore losers. Unidentified players at the Hard Rock Hotel & Casino in Tampa, Florida are suing in an attempt to recoup their losses. The players lost money while playing blackjack but now are basically asking the court to give them a refund.

The Hard Rock Casino is owned by the Seminole tribe and thus is part of sovereign Seminole territory. For that reason, the tribe is not being sued. Federal law does not permit lawsuits against Native American tribes unless the tribe consents to be a party in the proceedings. For that reason, the players, who are being represented by attorney Mike Trentalange, are suing the companies that provide the blackjack tables to the casino. Hey, they have to sue someone, right?

The basis of the suit is this: Florida Governor Charlie Crist signed a deal last year that legalized blackjack and other table games in exchange for the state receiving a cut of the profits. The state House later rejected the deal and another subsequent deal made by Crist. Trentalange argues that because there is no deal in place, the blackjack tables at the casino are illegal. If the games are illegal then the casino’s winnings are the result of illegal gambling and his clients have a right to have their money refunded.

This isn’t the first time someone has sued a casino in an attempt to recoup their losses. Previously I wrote about a man who is suing a casino for allegedly loaning him money while he was intoxicated, with the basis of the suit being that the contract of the loan is null and void because the player did not have the mental capacity to enter into an agreement with the casino.

In this case, the contention is that if the blackjack tables are illegal then the casino taking the players’ money is no different than a street hustler conning them out of cash. That argument is certainly not a strong one, but it also has another problem: According to the Seminole tribe, their blackjack tables are perfectly legal.

Legal motions that have attempted to put a stop to blackjack at the Seminole’s casinos have been denied by the courts. The tribe also states that since the game of blackjack was included in the Federal Register in 2008, that makes the tables legal. In addition, the tribe has recently pointed out that pari-mutuels in the state are permitted by the state to hold virtual blackjack games. The Indian Gaming Regulatory Act states that the tribes are permitted to offer any game that is allowed within the state in which their territory resides.

And even if it is ruled that the blackjack games are illegal the case seems shaky because it’s not the Seminole tribe or the casino that is being sued. Instead, they’re suing third parties that did nothing more than provide the games for the casino.

Oh, and one more thing: According to the Seminole tribe, the court set to hear this case does not have the legal authority to determine whether the blackjack games are illegal. They say that only the federal government has that authority. This should definitely be an interesting court case (if it ever goes that far).

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