JEFFERSON CITY - Slot machines at Missouri's six moat-based gambling boats will continue operation for at least few more weeks.
Cole County Circuit Judge Byron Kinder postponed for two weeks a decision on whether the Missouri Gaming Commission can proceed with disciplinary action to revoke the casinos' licenses to operate games of chance.
Kinder has a temporary order blocking the commission from even conducting a hearing on resolutions drafted by Chairman Robert Wolfson until Kinder rules.
The commission alleges Flamingo Hilton, Argosy Riverside, Harrah's North Kansas City, Players Maryland Heights, Harrah's Maryland Heights and Sam's Town casinos operate so-called "boats in moats," which do not operate on the river as required by the state constitution.
Attorneys spent two hours Thursday in Kinder's packed courtroom trading numerous complex legal arguments.
Kinder made it clear the issue of whether the casinos are operating in violation of the constitution is not before him. Instead, he is ensuring the Gaming Commission properly carries out its role.
"I don't care whether it's a boat in a moat or a ship in a slip," he said, one of several comments that filled the courtroom with laughter.
Daniel Bukovac, a Sam's Town attorney, argued since the law requires a casino facing a penalty to prove it is not guilty, it violates the constitutional guarantee of due process.
"We think we can show in a fair hearing that Sam's Town is on the river," Bukovac said.
Deputy Attorney General John Munich, representing the commission, said if its license is revoked, a casino can appeal to the Court of Appeals.
But Kinder questioned Wolfson's resolutions and the gaming statute.
"It appears from a reading of that document that judgments have already been made," he said. "It troubles me when you shift the burden of proof."
Harold Fridkin, representing Harrah's, argued the commission can't undertake a disciplinary action because the casinos did nothing wrong. The commission's course of action is to modify the license, he said.
If the casino is disciplined in Missouri, Fridkin said it must report that to other states in which it does business, which could cause irreparable harm to the company's reputation.
Munich countered that failing to comply with state law is grounds for disciplinary action.
Kinder gave the casinos' attorneys until Feb. 4 to file additional papers, and the state will have five days to respond.
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