The Indiana Supreme Court is now considering the case of the man kicked out of a casino for card counting. The casino says common law allows it to refuse anyone entrance, as long as it's not for "a bad rason." The man's attorney counters that gaming is "a statutory creature" that didn't exist in common-law times. Justice Frank Sullivan Jr.'s comments make sense:
“Your casino could offer only games where nothing but pure chance governs, the slot machines, dice and the like but your casino offers games where skill can be a factor, like blackjack and poker, in an effort to attract customers who think they have the requisite skill to win.”
“But once you identify a customer who has the requisite skill to win, you pull the rug out from under them and say
