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RACEWAY PARK, INC. v. OHIO

Nos. 02-3466, 02-3487.

356 F.3d 677 (2004)

RACEWAY PARK, INC.; Toledo Maumee Raceway, Inc.; Cedar Downs OTB, Ltd.; River Downs Jockey Club, Inc.; River Downs Turf Club, Inc.; Miami Valley Trotting, Inc.; Lebanon Trotting Club, Inc., Plaintiffs-Appellants, v. State of OHIO; Ohio State Racing Commission; Northfield Park Associates; Thistledown, Inc.; Scioto Downs, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 15, 2004.

Attorney(s) appearing for the Case

William T. Maloney (argued and briefed), Maloney, McHugh & Kolodgy, Toledo, OH, John D. Smith (argued and briefed), John D. Smith Co., L.P.A., Springboro, OH, Jack M. Lenavitt (briefed), Lenavitt Law Offices, Toledo, OH, for Appellants.

Shawn J. Organ (argued and briefed), Jones Day, Ronald E. Laymon (briefed), Jones Day, Thomas J. Rocco (briefed), Office of the Attorney General of Ohio, Columbus, OH, Orla E. Collier III, N. Victor Goodman (briefed), Benesch, Friedlander, Coplan & Aronoff, Columbus, OH, John J. Chester, Karen S. Hockstad (briefed), Chester, Willcox & Saxbe, Columbus, OH, for Appellees.

Before: SUHRHEINRICH, COLE, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

The instant action arises from the passage of Substitute House Bill 561 ("HB 561") by the Ohio General Assembly. 1996 Ohio Laws H 561. HB 561 concerned, in relevant part, the terms under which horse racing tracks and satellite facilities could receive simulcast races conducted at other facilities. The plaintiffs — certain owners of licensed race track facilities located in Cincinnati, Toledo, and Lebanon, Ohio, and the...

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