By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — In an attempt to crack down on sweepstakes gaming at Internet cafes, the Ohio House of Representatives approved House Bill 605 during Wednesday’s lame-duck session, 63-30. The bill will now go before the Senate, which is expected to meet sometime within the next week. If passed, Internet cafes will cease to exist in Ohio, not particularly because they will be banned, but because there will be a cap set on the daily prizes.

House Bill 605 bans cash payouts and places a $10 cap on the value of other prizes awarded from buying the long distance phone cards that are used to play the electronic games.

Passage of House Bill 605 will affect more than 800 Internet cafes throughout the state, including the Red Door in Logan. And could possibly eliminate 4,000 jobs in a state that is already depressed. While some argue that Internet Cafes are not gambling facilities, the computer games in the cafes are similarly sounding to slot machines, video poker and video Keno games found at the casinos.

The difference is that instead of constantly feeding cash into a slot machine, sweepstakes customers buy Internet time that can cost the player anywhere from 25 cents to $1 a minute on phone cards. The customers are then given magnetic swipe cards loaded with sweepstakes points or passwords to get into the computer in order to enjoy sweepstakes play time on the machines.

Points accumulate on the machines just as with slot machines, and the more points accumulated, the bigger the potential prize.

Ohio Attorney General Mike DeWine thanked the Ohio House of Representatives for its passage of the bill that would establish strict limits on sweepstakes gaming at Internet cafes.

“I thank Speaker [William] Batchelder, representatives [Matt] Huffman and [Louise] Blessing, and the Ohio House of Representatives for taking action on the unregulated gambling taking place at Internet cafes across Ohio. HB 605 is a major step forward to protect Ohio consumers. I look forward to and encourage swift passage of HB 605 in the Ohio Senate,” said DeWine.

Local Internet café owner Dancing Elk, who continues dealing with issues with the Ohio Department of Commerce over building code violations, feels that the Internet café legislation is a violation of the 14th Amendment.

“I don’t see where we are doing anything illegal or immoral. I’m amazed at the misrepresentation to the public,” he remarked. “They’re demonizing us and associating us with money laundering, the sex trade and racketeering. That may be a small portion of the business, but it’s not all of us.”

Dancing Elk further indicated that he pays his taxes and has complied with all laws set forth when he signed a moratorium with DeWine’s office this past year.

“You know, we are no different than the Publisher’s Clearing House or McDonalds. That’s all sweepstakes, just as this is sweepstakes,” he explained. “I can’t determine on the machines who’s going to win. These machines have clients nationally and the payout is 95 percent, which is better odds than that in a casino or racino.”

He has mixed emotions at this point on whether his tribally connected business will survive, but added, “It’s hard to say what’s going to happen, but I would be willing to use my knowledge of the gaming laws against theirs — they’re just trying to eliminate the competition, that’s all — competition of the casinos.”

While he holds out hope, he said, “We’ve been fighting the cause for common man and our freedom — in this town. We give to the community and moved in here thinking we were helping the community.”

“As a Native American, we have been fighting the government for over 300 years,” he chuckled. “We’re used to it.”

In addition, Dancing Elk indicated that the government is making it difficult to operate an Internet café, but appears to be more open to allowing casinos and said he wouldn’t be opposed to opening a casino in the area.

“If they want us to be a casino, I’ll open one. Give me my casino license and my tribe will open a casino. I’ll get investors and my tribe will do this,” he said.

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — A U.S. District Court Judge for the Southern District of Ohio has recommended additional public officials be added in a lawsuit between local resident Marshall Lucas, also known as Great Elk Dancer for his Elk Nation, and the City of Logan.

Magistrate Judge Mark R. Abel, who previously called the case “frivolous and malicious,” has filed a recommendation that the lawsuit continue against Logan City Mayor Martin Irvine, Logan Fire Chief Brian Robertson, Logan Police Patrolman Josh Mowery and Logan City Service Director Steve Shaw. In the magistrate’s first recommendation, Abel recommended all parties be dismissed with the
exception of Robertson.

In the court document, Abel denied a recent motion to strike filed by the city’s attorney, Mazanec, Raskin & Ryder Co., L.P.A., and recommended the city’s motion for an extension of time to respond to the lawsuit be granted, meaning the four remaining in the lawsuit have until Sept. 13 to respond. The $20 million lawsuit has been an ongoing flow of paperwork filed in the district court since June. Lucas is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the defendants’ tortuous and improper interference of his business.”

A total of 19 complaints were listed in the original lawsuit, but most were prior to June 12, 2011 and are barred by the statute of limitations, according to Abel.

Lucas, who believes he has been harassed since he first opened his business in Logan, the Mingo Trading Company, alleges that those mentioned in the suit have interfered with his commerce, all of which he describes as “tribal” businesses.

Although Lucas refers to his businesses, including Red Door Internet Café, as “tribal” businesses, supporters of a bill to ban Internet café businesses have argued that the 800 plus Internet cafes operating throughout the state are nothing more than illegal gambling operations.

Ohio Attorney General Mike DeWine and other law enforcement have referred to Internet cafes as being a home to illegal activity, including money laundering.

Lucas told The Logan Daily News in a previous interview that interfering with his commerce is a violation of the Greenville Treaty and the U.S. Constitution.

Dan Tierney, a spokesman and attorney with DeWine’s office, previously told The Logan Daily News that Ohio has no federally designated tribal land. “Nor is there any recognized treaty under which a Native American tribe holds land in Ohio. Therefore, the State of Ohio would retain jurisdiction,” he said.

The Internet Cafe House Bill 7 restricts the limit of payouts to $10, and will take effect on Sept. 4. Operators of Internet cafe businesses say the new bill will force them out of business due to the limit on payouts.

Abel’s first recommendation included language to remove the following officials from the lawsuit: Hocking County Common Pleas Court Judge John T. Wallace, City of Logan, Logan Police Chief Aaron Miller, Logan Police Lt. Gregg Cluley, Logan Police Officer Tony Byram, Hocking County Prosecutor Laina Fetherolf, Hocking County Assistant Prosecutor William Archer, Logan City Law Director Jonah Saving, former Logan City Law Director Bob Lilley and employees of the Hocking County Probation Office.

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — The Notoweega Nation, which local Internet cafe owner Marshal Lucas “Great Elk Dancer for his Elk Nation” claims to be a member of, is not recognized by the U.S. Bureau of Indian Affairs or the state of Ohio, The Logan Daily News has learned.

A lawsuit was filed in U.S. District Court last week by Lucas that alleges public officials have interfered with his commerce, which he describes as tribal business.

Those listed in the lawsuit include the City of Logan, Logan Police Chief Aaron Miller, Lt. Gregg Cluley, Logan Police Officers Josh Mowery and Tony Byram, Hocking County Prosecutor Laina Fetherolf, Logan City Mayor Martin Irvine, former Logan City Law Director Bob Lilley, Logan Fire Chief Brian Robertson, and employees of the Hocking County Probation Department.

Lucas, who says he is a member of the Notoweega Nation, is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the defendants tortuous and improper interference in the amount of which is $20 million.”

According to a representative from the U.S. Bureau of Indian Affairs, the Notoweega Nation is an unrecognized tribe.

According to the bureau, unrecognized tribes are organizations of people who claim to be historically, culturally and genetically related to historic Native American Indian tribes, but who have not been officially recognized as legitimate indigenous nations by the larger U.S. federal government or by individual states.

Lucas told The Logan Daily News that his tribal recognition is federally pending under the Chickamauga Notoweega Creeks Tribe. Upon further investigation, The Logan Daily News learned that the Chickamauga Notoweega Creeks Tribe also is unrecognized.

According to Lucas, the Treaty of Canandaiqua of 1794, Jay Treaty of 1794, Greenville Treaty of 1795, 42 USC Section 1983 and the U.S. Constitution exempt him from prosecution and harassment by the City of Logan in state court for violations of city ordinances.

Some of the complaints in the suit include allegations that Miller visited Mingo Trading Company in 2008 because of a noise complaint in the middle of the day and allegedly told Lucas he needed to file for an event license; Logan Police officers allegedly followed his customers and harassed them after leaving his place of business; probation officers allegedly threatened individuals with arrest should they frequent his establishment and slandered his business by calling it a “head shop.”

Also according to court documents, Lucas alleges that his Internet café, Red Door, was closed for seven month due to “made up” code violations, which caused a loss of revenue and overhead cost and expenditures on the building.

Defendants have allegedly intended to impair and destroy his business and relationships with third parties, and that denial of license and police harassment was caused as a result of Lucas’ national origin in that he is Native American, the court record continues.

A total of 19 complaints against the defendants are listed in the lawsuit.

In speaking with a representative from the U.S. Bureau of Indian Affairs on Thursday, unless Lucas’ “tribal businesses” are located on tribal grounds, which would include Indian reservations, he “doesn’t have a leg to stand on [in court].” The representative did not provide his name because he was not authorized to speak to the media on the bureau’s behalf. A message seeking comment from the official bureau spokesperson was not returned.

According to the spokesperson, all tribal businesses are subject to all local, state and federal laws when not located on tribal grounds. And the treaties do not guarantee anything or exempt Lucas from any laws or rules governing the City of Logan, Hocking County, the State of Ohio or the U.S. Government.

The spokesperson said in the late 1700s when some of the treaties were enacted, there were no Native American Indians in business because white men operated most of the trading posts.

Once the business operator leaves the confines of the reservation, and opens their business in areas such as Downtown Logan, they are treated the same as any other business owner in that particular area, he noted.

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — More paperwork has been filed in the U.S. District Court for the Southern District of Ohio in what Magistrate Judge Mark R. Able has referred to as a “frivolous and malicious” case against the City of Logan filed by Marshal Lucas “Great Elk Dancer for his Elk Nation” in June. Lucas has sued the city for $20 million on a total of 19 complaints stemming from his business, Red Door Internet Café, claiming the city has "molested his commerce" and left him no choice but to file the lawsuit in district court.

On Aug. 2, Lucas filed a motion to strike the plaintiff’s first amended complaint and a motion for an extension of time to answer. According to Lucas, the Treaty of Canadaiqua of 1794, Jay Treaty of 1794 and Greenville Treaty of 1795 exempts him from prosecution and harassment by the City of Logan in state court for violations of city ordinances.

Yet Dan Tierney, a spokesperson and attorney with Ohio Attorney General Mike DeWine's Office told The Logan Daily News, “Ohio has no federally designated tribal land, nor is there any recognized treaty under which a Native American tribe holds land in Ohio. Therefore, the State of Ohio would retain jurisdiction.”

Tierney also noted, “The Ohio Department of Taxation may request audits to investigate violations of tax law,” referring to Lucas’ business, Red Door Internet Café.

Lucas wants the district court to deny the motion to strike as moot because the defendants have failed to show a need or good cause for a further extension of time; the motion and relief requested is openended; the motion is untimely; and the defendants have demonstrated a lack of diligence in completing the discovery.

The city refutes the accusations and has filed a motion to strike, and an extension of the answer date as well. The city claims the plaintiff's first amended complaint was improperly filed and uncertainty surrounding the status of the pleadings necessitates an extension of the city defendants’ answer date. According to paperwork obtained from the U.S. District Court, Lucas has filed an application to proceed in forma pauperis, and the Sixth Circuit has held that a plaintiff proceeding in forma pauperis cannot amend his complaint to avoid dismissal by the magistrate, which appears to be what Lucas has done.

The law firm for the city, Mazanec, Raskin & Ryder Co., L.P.A., contend that the amended complaint was improperly filed and should be stricken from the record and requests the court extend the answer date for 20 days after the court rules on the motion.

Lucas is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the defendants’ tortuous and improper interference of his business.”

Internet cafes have come under scrutiny lately, especially after a multi-agency investigation of online gambling targeted Internet cafes in seven counties throughout Ohio, including Union, Shelby, Hardin, Butler, Montgomery, Franklin and Logan counties.

Tierney also made note of the new laws regarding Internet cafes which will become effective Sept. 1. Law enforcement officials, including the attorney general’s office, contend that Internet cafes operate as illegal gambling establishments, and in some cases, engage in money laundering and other serious criminal activity.

“Generally, owners call their businesses Internet cafés because they purport to sell Internet time to be used at computer terminals,” Tierney stated. “These businesses also often sell prepaid phone cards. The owners sell these products and offer opportunities to play casino-style games on terminals as part of a purported sweepstakes.”

“The legislation taking effect next month would prohibit cash prizes for games played at an electronic sweepstakes terminal and limit the value of such prizes to no more than $10,” he added. “These regulations bring such ‘sweepstakes’ games in line with other Ohio gaming laws. The restrictions also make it easier to investigate violations, as the limits on prizes are clear.”

“Local law enforcement and BCI will investigate violations of the new law,” Tierney noted. Lucas, who believes he has been harassed since he first opened his business in Logan, the Mingo Trading Company, alleges that those mentioned in the suit have interfered with his commerce, all of which he describes as “tribal” businesses.

Although Able has recommended the suit be dropped against all named in the suit except Logan Fire Chief Brian Robertson, District Court Judge Michael H. Watson has not signed the paperwork making it official.