Louisiana was the fourth state to approve riverboat casino gambling and its 1991 gambling law allows a maximum of 15 boats statewide. In 1992 a provision was added for one land-based casino in New Orleans. Louisiana state gaming laws require that casino machines must payback a minimum of 80% and a maximum of 99.9%.
BATON ROUGE, La. (AP) — Louisiana lawmakers have agreed to let the state's riverboat casinos move onshore and rework their gambling space. A 54-41 House vote Tuesday sent the bill by Republican Sen. Ronnie Johns to the governor. The Senate previously voted 22-14 for the measure. John Bel Edwards is expected to sign the changes into law. On July 3, 2019, the Louisiana Third Circuit Court of Appeal in Lake Charles rendered judgement on a dispute over the status of riverboat casinos as “vessels.” This is important because the plaintiff, who sustained injuries while operating a scissor lift on a riverboat casino moored in Lake Charles, filed his suit under the Jones Act.
The plaintiff, an employee of Grand Palais Riverboat L.L.C., was injured onboard the Grand Palais, a riverboat casino, and subsequently filed a claim for damages pursuant to the general maritime law and the Jones Act. The evidence established that the Grand Palais has been moored to its location since 2001, its primary purpose is dockside gambling, and its side was integrated into the adjacent land-based pavilion and hotel. Despite the fact that it could be returned to service as a vessel with some modifications, “it has been moored indefinitely to provide and maintain its primary purpose of gaming activities.” After considering United States Supreme Court precedents on the issue of what constitutes a vessel, the Supreme Court of Louisiana ultimately concluded that, “Although the Grand Palais was originally designed to transport people over water, and theoretically is capable of navigation, as a result of changes to its physical characteristics, purpose and function spanning nearly a decade and a half, it is no longer a vessel used in maritime transportation.” Accordingly, having concluded that the riverboat casino was not a vessel under the general maritime law, plaintiff’s suit was dismissed.
Casino Riverboat Cruises
Case Law Alerts, 2nd Quarter, April 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.