If Ohioans approve four casinos in this November's election, they could inadvertently shut down casino-style games that many churches and other charitable organizations hold to raise money.

That's the opinion of Gov. Ted Strickland and Attorney General Richard Cordray, who have analyzed the language of the ballot measure that would authorize casinos in Columbus, Cleveland, Cincinnati and Toledo.

Issue 3 would limit "casino gaming" to those four sites.

Opponents of the proposed constitutional amendment, plus the attorney general's office, think that restriction would wipe out casino-style gambling currently allowed at churches under Ohio's charitable-gaming laws.

"If the amendment passes, we believe that it would create a risk that a court might find that those charitable games of chance that are currently legal might be determined to be illegal," said Ted Hart, a spokesman for the attorney general.

But Donald J. McTigue, attorney for the pro-casino Ohio Jobs and Growth Plan, said the measure would authorize four casinos and nothing more.

"It has zero effect on any gambling that is currently allowed in Ohio," McTigue said.

The measure specifically exempts bingo and horse racing from the definition of "casino gambling" that would be restricted to the four sites. It does not, however, say anything about casino-night fundraisers at churches and other nonprofits, which often feature roulette, craps, blackjack and other games with prizes donated by sponsors.

The fundraisers are relatively common in Catholic churches.

By exempting bingo and horse racing but not casino nights, the Ohio Jobs and Growth Plan is inviting a legal challenge that could strike a blow to charitable fundraising, said Sandy Theis, spokeswoman for TruthPAC, which opposes Issue 3.

"The only people who think this isn't an issue are the sponsors of the ballot measure," Theis said.

McTigue said "casino gaming" refers to gambling at casinos, not occasional fundraisers offered at churches and other nonprofits.

"(That accusation's) completely false and designed to mislead the public," he said.

Strickland, who opposes Issue 3, said he discussed with his legal adviser the possibility that church games could be shut down.

"I'm aware that there is language in the initiative that might have that effect," the governor said. "I think that would be hugely unfortunate if that was the case, and the people of our state should be aware of that possibility."

Issue 3 opponents have seized on the issue in recent days. It's now part of the official argument against the proposal, which the Ohio Ballot Board approved yesterday.

In a unanimous vote, the ballot board adopted the case submitted by TruthPAC as the official "no" argument.

TruthPAC's principal backer is MTR Gaming Group, which owns racetrack casinos in West Virginia and Pennsylvania that would lose business to the new Ohio casinos. The company also owns the Scioto Downs racetrack in Columbus.

Another group, Vote No Casinos, also vied for the right to submit the official anti-Issue 3 argument. Vote No Casinos is affiliated with the Ohio Roundtable, which opposes gambling in general.

Secretary of State Jennifer Brunner, the chairwoman of the Ballot Board, said her office has dealt mostly with TruthPAC as the primary opponent of the ballot measure.

The Roundtable seethed over the snub.

"What the ballot board did today was to surrender both sides of the argument to casino owners," Rob Walgate, the organization's vice president, said in a statement.

MTR's chairman, Cleveland developer Jeff Jacobs, wants to build a casino and a 1,000-room hotel in downtown Cleveland in lieu of casinos in all four cities.

Jacobs told The Plain Dealer that his only goal is to help revitalize downtown Cleveland, not make money for himself.

He's hoping to persuade Strickland to sign an executive order authorizing the Cleveland casino because the state's Constitution currently forbids casino-style gambling, except for limited charitable fundraisers.

Dispatch Senior Editor Joe Hallett and reporter Mark Niquette contributed to this story.

jnash@dispatch.com

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