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Louisiana Riverboat Casino Law

In Caldwell v. St. Charles Gaming (No. 2019-CC-1238), the Louisiana Supreme Court ruled that a permanently moored riverboat casino engaged in dockside gaming is not a “vessel” under either the Jones Act or the General Maritime Law. Caldwell was employed as a technician by the Grand Palais Casino in Lake Charles, Louisiana, and was allegedly injured when the gangway attached to the riverboat casino collapsed. The casino had been moored in the same location since 2001 and operated using shoreside utilities.

The lower court’s determination that the casino was a vessel was reversed by the Louisiana Supreme Court. The lower court’s decision raised the possibility that casino employees might qualify as Jones Act seamen and be entitled to traditional remedies granted to seamen, including maintenance and cure, the warranty of seaworthiness, and the right to sue their employer for negligence. The lower court’s decision also conflicted with other Louisiana decisions holding that permanently moored riverboat casinos are not vessels and with the US Supreme Court’s decision in Lozman v. City of Riviera Beach, Florida, 568 US 115 (2013), which recognized that “a water craft is not ‘capable of being used’ for maritime transport in any meaningful sense if it has been permanently moored.”

In Caldwell, the Louisiana Supreme Court focused on the US Supreme Court’s decision in Lozman and examined the primary purpose of the casino, i.e., gaming. The Court recognized that the casino’s primary purpose was not maritime navigation or the transportation of people or things over water. Although the casino was originally designed for navigation, it was no longer used in maritime transportation. The Court found it significant that the casino had been “moored indefinitely to provide and maintain its primary purpose of gaming activities.”

In July 1991, Louisiana enacted legislation permitting certain types of gaming activity on certain rivers and waterways in Louisiana. The legislation granted authority to supervise riverboat gaming activities to the Louisiana Riverboat Gaming Commission and the Riverboat Gaming Enforcement Division of the Louisiana State Police. Search Louisiana Laws: Table of Contents: Amendments to the LA Constitution of 1974: Law-Related Links. THE LOUISIANA RIVERBOAT ECONOMIC: RS 27:42: Public policy of riverboat economic development and gaming activities: RS 27:43. The move to dry land comes with a caveat, however, as the state looks to use the newly-landed casinos to boost revenues for Louisiana’s largest taxpayers, with the law requiring riverboats to. The move to dry land comes with a caveat, however, as the state looks to use the newly-landed casinos to boost revenues for Louisiana’s largest taxpayers, with the law requiring riverboats to.

Caldwell is significant because it resolves the classification of permanently moored Louisiana riverboat casinos under federal maritime law. Although such a riverboat casino is not a vessel for purposes of federal maritime law, it nevertheless qualifies as a vessel under the Louisiana Gaming Control Law. While not expressly stated in Caldwell, the Court’s classification of a riverboat casino as a vessel under the Louisiana Gaming Control Law apparently had no bearing on whether that casino qualifies as a vessel in navigation under federal maritime law.

BATON ROUGE, La. (AP) — Louisiana’s riverboat casinos would be able to move to shore for the first time since the state authorized the industry more than 25 years ago, if lawmakers agree to a proposal that began advancing Tuesday in the Senate.

The bill by Sen. Ronnie Johns received the backing of a Senate judiciary committee without objection, after nearly getting derailed over concerns the casinos do too little contracting with minority-owned and women-owned businesses.

Also sent to the full Senate for debate was a measure that would set a referendum process for voters in Gov. John Bel Edwards’ home of Tangipahoa Parish to decide if they want to move a riverboat casino from Bossier City to a shallow river there.

The bills are among 30 gambling proposals that have been filed in the legislative session, to either expand gambling or lessen existing restrictions. Most of the measures face opposition from religious conservatives. Republican Senate President John Alario also has expressed worries about the proposals.

Johns, a Lake Charles Republican, pushed back against suggestions his bill would grow gambling in the state, saying it instead was “modernizing an industry” that has seen few changes since it was legalized in 1991.

“Anyone who says this bill is going to expand gaming needs to go back and read it,” Johns told the Judiciary B Committee.

The measure would allow Louisiana’s 15 riverboat casinos to conduct gambling activities within 1,200 feet (365 meters) on land from where the riverboat is berthed and remove the requirement the riverboats have an operable paddlewheel. It also would redefine gambling space restrictions.

The ideas were recommended by a task force created by lawmakers to suggest ways to keep the casinos competitive and promote the industry as an economic development tool. Edwards supports the recommendations.

The bill nearly stalled because of criticism from Sens. Greg Tarver and Karen Carter Peterson that the casinos have insufficient diversity in their leadership and vendor contracts.

“If you’re sincere about doing it, you can find a minority very, very easily in this state,” said Tarver, a Shreveport Democrat.

Peterson, a New Orleans Democrat, objected to industry officials’ claims that they struggle to find minority-owned vendors: “I think you have not done your homework or tried hard enough.”

She suggested the legislation be delayed “to have more conversations.” But Tarver said he trusted Johns, who pledged to hold a meeting with casino representatives and the senators before bringing the legislation to a full Senate vote.

“We will have that conversation. I hear you clearly, absolutely do. It’s a legitimate issue,” Johns said.

Several pastors and the conservative Louisiana Family Forum objected to Johns’ bill, along with the proposal by Sen. Mack “Bodi” White, a Baton Rouge Republican, to set up a referendum vote that could move a riverboat casino from Bossier City to rural Tangipahoa Parish.

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Sen. Norby Chabert, a Houma Republican, tried to stall the referendum bill, but got no support for his motion. The proposal then was advanced to the Senate without objection.

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Tarver asked Parish President Robby Miller if the governor supported moving a casino to his home parish. Miller replied that at a meeting with Edwards, “he did indicate he would sign the legislation.”

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Senate Bills 316 and 417: www.legis.la.gov

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