(Topic ID: 269313)

Ohio lawsuit by operators


By zaki

52 days ago



Topic Stats

  • 22 posts
  • 15 Pinsiders participating
  • Latest reply 51 days ago by EJS
  • Topic is favorited by 3 Pinsiders

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    18
    #1 52 days ago

    Jukebox, pinball machine and arcade game companies sue Ohio over coronavirus restrictions

    COLUMBUS, Ohio — A trade association representing purveyors of pinball machines, arcade games, jukeboxes, pool tables and other coin-operated amusements is suing Gov. Mike DeWine’s administration over its coronavirus restrictions that ban Ohioans from using the machines in bars, restaurants and other venues.

    A lawsuit filed in Lake County Common Pleas Court on Thursday accuses Ohio Department of Health Director Dr. Amy Acton and other state officials of exceeding their legal authority under a state emergency health order law.

    Even as DeWine has started allowing bars and restaurants to re-open, current rules from the state health department require them to block access to the machines. The idea is to prevent people from congregating in tight spaces, which can allow the coronavirus to spread through the air, according to state officials.

    The suit, filed on behalf of the Ohio Coin Machine Association, is the latest litigation attempting to chip away at DeWine’s coronavirus rules. It makes similar arguments to another case in Lake County filed by a group of Ohio gyms that challenged the state’s coronavirus restrictions — and won.

    Common Pleas Judge Eugene Lucci delivered a sweeping ruling in the gyms’ favor on Wednesday, although the order could still be contested at other levels of the court system.

    “Our clients’ constitutional rights were violated,” said Orville Reed, an Akron attorney representing the coin-machine companies. “They’re pretty upset.”

    The lawsuit notes the state’s order is inconsistent, since it exempts the Ohio Lottery kiosks at bars and restaurants that help raise revenue for the state’s coffers. It says jukeboxes, pinball machines, etc. can be operated safely and the companies, if allowed, would offer hand sanitizer, wipes and other means for people to clean their hands and the machines before and after using them.

    And, the lawsuit says the people considered most at-risk to COVID-19 — the elderly — are unlikely to use their products.

    “Few people between the ages of 70 to 80 or 90, or who are bound to nursing homes, are found frequenting bars and bowling alleys. Fewer still are going to bars and playing billiards, pinball games, video games or arcade games,“ the lawsuit reads.

    Reed said his clients aren’t just looking for a sympathetic judge by filing in Lake County. Of note, a different Republican judge, Judge John P. O’Donnell, has been assigned to hear the case.

    “We think our case is righteous. We’re meritorious,” Reed said. “We’re not looking for sympathy. We’re looking for a court that will listen to arguments and do the right thing. That’s why we’re in Lake County.”

    The lawsuit lists 20 companies as plaintiffs, including Garage Bar Willoughby LLC, in Willoughby, and Cadillac Music Corporation in Cleveland.

    A DeWine spokesman did not immediately return a message seeking comment.

    15
    #2 51 days ago

    Hope they win the lawsuit. Small business needs to open up!

    #3 51 days ago

    Once Ohio allows their commercial casinos to open, especially the ones with Lottery-centric machines that look identical to Class III machines, the Operator's association will have a clear case.

    13
    #4 51 days ago

    My personal opinion is that the opinion stated in the lawsuit has merit. It is nothing but the truth and deserves consideration by an impartial judge. I am not a lawyer, but the fact that lottery kiosks and other gambling locations are allowed to operate under safe restrictions, indicates that they are showing favoritism, based on the monetary value of the activity to the local government officials. Amusement devices should have the same considerations, with a set of rules to allow safe operation of those devices as well. Seems like they are just too lazy to issue safe guidelines and would just prefer to not allow their use instead of doing their jobs. Perhaps if safe guidelines were written for these officials, they would not have to do anything. And those guidelines could be adopted without too much effort on their part.

    #5 51 days ago

    Anything that gives money to the state is ok. Thats safe for people. If its a small business or route operator not contributing as much to state coffers, obviously thats unsafe!! Open up the pinball and ill take an ohio tour to every pinball hall i can. Help out the small businesses!

    #6 51 days ago

    yes, i want to play locally. it's been months. enough if enough. if someone doesn't feel safe they stay home (and i'm not bashing them), but let the rest of us do what we want. i've had enough of dewine and amy acton closing this and that.

    #8 51 days ago

    Oh geez... I grew up in Ohio. we’ve been contemplating sending our son to Ohio to be with his grandparents this summer... looks like the Jim Jordan stupidity disease has caught on. So that’s off the list. Sue before getting creative about your options. I am sorry for all the small businesses who have to rethink their options (I did too!). But suing only prolongs. Godspeed.

    #10 51 days ago

    more like a gigantic turd, but look where he lives. LA is becoming the dump of America. I could not believe how disgusting that place is. The states that have opened up are doing amazing. I feel sorry for these liberal states run by crazy governors.

    12
    #14 51 days ago

    Hope they win the lawsuit. The states are choosing winners and losers. No reason to be in a bar and not be able to play a jukebox. No reasoning for that makes sense.

    -1
    #15 51 days ago

    he is worried about 100,000 deaths from what is looking like a bad flu season and millions are dying from drugs and starvation in California that he never bats an eye at. Please spare us high and almighty one.

    14
    #16 51 days ago

    I really think people are just going to have to learn to live with a lot more risk, uncertainty and danger in their lives. Even 70 years ago, regardless of class, you knew anyone could be struck down by measles, mumps, smallpox, polio, etc. People still managed to live vibrant lives, both interpersonally and economically. Democracy in the US and elsewhere still thrived, people were adventurous. They did not for a second believe they could crawl into a hole and pretend they didn’t have to perservere. The damage being done right now in the US and elsewhere is going to take over a decade to recover from, even in a best case scenario. I would guess about 20% of the jobs that have been lost are never coming back; as soon as banks stop their forbearance programs, people will lose houses. The commercial real estate market may crash—the implications of staying shut down are endless. To everyone portraying this as a matter of greed, wake up. Lives are being destroyed, so don’t dismiss people’s need to resume as based on greed.

    -1
    #17 51 days ago

    These jeakels have no knowledge of history, therefore have no wisdom, or courage!

    #18 51 days ago
    Quoted from Ballypalooza:

    Hope they win the lawsuit. The states are choosing winners and losers. No reason to be in a bar and not be able to play a jukebox. No reasoning for that makes sense.

    Jukeboxes should not be a no go because of mobile app capabilities. Operators can simply remove the stackers so no one can use the touchscreen interface.

    I’m a lifelong operator. Born into. Live it. Will die from it. I’m also the president of my states coin-op association. If we were faced with a similar mandate, I wouldn’t touch it with a 10 foot pole and I’d urge everyone in our group to follow. Nothing good can come of this lawsuit. Bad publicity from public outcry and media opinions plus you’re now the group filing suit against the same entities which you wish to influence and lobby for future issues. Governors, mayors, members of the legislature and city council members remember these things.

    Also, what’s litigation going to cost? How long will said suit take? Filings are most likely at an all time high due to a log dam from the shutdown. Will the recouped revenues generated offset the cost of the suit?

    There’s two sides to every argument. I try to always look at both. It’s easy when you’re on the outside looking in. I only know the side of the operators here, so I won’t argue for either side right now.

    I will say this, we pay an annual amount for our sales tax. It’s a decal in lieu of sales tax. We prepay our sales tax in afores. All other sales tax is paid in arears. Due to the shutdown, we lost over 2 months of our prepaid tax period. Our decal amount is most likely to be raised this upcoming legislative session, when the state Congress is desperately trying to fill the budget shortfall. We have not filed any motion for compensation of the lost prepaid tax period because we (our association) will use this fact as a point of emphasis when we work to defeat such legislation.

    #19 51 days ago
    Quoted from ryanbrooks:

    Jukeboxes should not be a no go because of mobile app capabilities. Operators can simply remove the stackers so no one can use the touchscreen interface.
    I’m a lifelong operator. Born into. Live it. Will die from it. I’m also the president of my states coin-op association. If we were faced with a similar mandate, I wouldn’t touch it with a 10 foot pole and I’d urge everyone in our group to follow. Nothing good can come of this lawsuit. Bad publicity from public outcry and media opinions plus you’re now the group filing suit against the same entities which you wish to influence and lobby for future issues. Governors, mayors, members of the legislature and city council members remember these things.
    Also, what’s litigation going to cost? How long will said suit take? Filings are most likely at an all time high due to a log dam from the shutdown. Will the recouped revenues generated offset the cost of the suit?
    There’s two sides to every argument. I try to always look at both. It’s easy when you’re on the outside looking in. I only know the side of the operators here, so I won’t argue for either side right now.
    I will say this, we pay an annual amount for our sales tax. It’s a decal in lieu of sales tax. We prepay our sales tax in afores. All other sales tax is paid in arears. Due to the shutdown, we lost over 2 months of our prepaid tax period. Our decal amount is most likely to be raised this upcoming legislative session, when the state Congress is desperately trying to fill the budget shortfall. We have not filed any motion for compensation of the lost prepaid tax period because we (our association) will use this fact as a point of emphasis when we work to defeat such legislation.

    I agree on the jukeboxes. As an operator myself, keeping my jukes up and running would be my biggest priority. I already plan on disabling the bill acceptors on all my jukes. Phone app sales already account for 70% or more of my sales. Whoever came up with that list must not know about jukes being pretty much touchless now and needs to be educated. Filing a lawsuit is going to delay all games including jukes for much longer. A simple call to whoever is your lobbyist would clear that up quickly.

    #20 51 days ago

    California Man needs to stick to effing up his own state and let others be free to have different opinions.

    -2
    #21 51 days ago

    Because I believe in science, safety, and empathy?

    A disinformation spreading Vanilla ISIS bio-terrorist who will risk killing people for pinball is what’s truly disgusting.

    #22 51 days ago

    Okay all virus things aside this needs to be won. I worry this is history TRYING to repeat itself when they broke up pinball machines many decades ago when they became illegal.

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