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Court Upholds Problem Gambler's Lawsuit Dismissal

ILLINOIS – As reported by the Chicago Tribune: "…Milan Stulajter asked Harrah's in April 2001 to keep him out of its casinos. Nevertheless, the company continued to send him marketing materials in the mail. He returned to its East Chicago riverboat casino on several occasions and lost about $70,000.

"He sued Harrah's for negligence for failing to stop him from gambling after he voluntarily placed himself on its self-exclusion list. Such lists and similar state exclusion programs recently have become the grounds for lawsuits from problem gamblers who believe casinos should be held responsible when they squander their money.

"But courts aren't buying it. In May, the Indiana Court of Appeals upheld a lower court's decision to dismiss Stulajter's suit, finding that casinos have no duty to protect compulsive gamblers from themselves, even if players are on a blacklist. The ruling agreed with other state and federal courts that recently have let casinos off the hook.

"… In Illinois, state Gaming Board rules say casinos cannot 'knowingly allow' self-excluded gamblers to enter but specify no sanctions for failing to spot them. The responsibility for staying out of casinos rests on the gambler and not the casino or the state, said Gene O'Shea, spokesman for the Gaming Board.

"Enrollees may be arrested and charged with trespassing if they enter a casino. If a self-excluded gambler does gamble, winnings are subject to confiscation, and the money goes to agencies providing aid to compulsive gamblers. If casinos win money from a gambler who eludes a self-imposed ban, the house keeps the cash…"

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