Butterworth loses legal battle to ban gambling cruises

Thursday, Nov. 23, 2000 | 10 a.m.

The ruling by Volusia County Circuit Court Judge Joseph Will on Tuesday stems from a complaint filed by Butterworth in February that sought to stop gambling on the SunCruz III's "cruises-to-nowhere."

Casino gambling is illegal in Florida, but gambling boats sail three miles out into international waters before they allow patrons to bet. It is a $500 million-a-year industry in the state.

The original complaint was part of an effort by the governor and the Cabinet to drive away the 18 gambling boat operations in Florida.

"Make no bones about it, this is a test case," said Jon Glogau, the assistant state attorney general leading the state's efforts to shut down SunCruz III. "We're here to test the law."

The 150-foot SunCruz III, which features 232 slot machines and 12 blackjack, dice and roulette tables, is operated by Tropic Casino Cruises and sails twice a day from Ponce Inlet.

SunCruz is registered with the U.S. Attorney General's Office under the Johnson Act, which regulates offshore gambling. But Glogau said the company was violating that act by displaying gambling machines to the general public and not actually transporting gambling equipment.

Attorney's representing SunCruz countered by arguing that customers - not the general public - are boarding the ship.

"This case is not about whether gambling is good or bad," Daytona Beach attorney Lester Kaney told Will. "This case is only about, today, under Florida law, whether day cruises are legal.

A similar attempt by Butterworth's office to sink cruise ship gambling in 1997 was unsuccessful. Then, a judge ruled against the state and eventually the case was dropped because the boat targeted by state officials went out of business.

But Florida gained new ammunition when the U.S. Supreme Court in January allowed South Carolina to continue to shut down gambling cruises.

Gov. Jeb Bush and the Cabinet last year voted to bar the state from allowing gambling ships to dock at state facilities in future leases.

But a judge ruled in February that the governor and Cabinet do not have authority to ban casino boats from docking in Florida because state lawmakers have never passed a law banning casino boats from state lands.