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Supreme Court of New Jersey - 89 N.J. 163
Tags: Property, Right to exclude
tl;dr:
A casino did not have the right to exclude a player who counted cards in blackjack, because the property was open to the public and the player was not threatening its security.Video Summary
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The court ruled that a casino cannot exclude a patron for card counting as the Casino Control Act gives the Commission exclusive authority to set the rules of licensed casino games. The common law right of the casino to exclude patrons is limited by the competing common law right of reasonable access to public places. The Casino Control Act strictly regulates and controls licensed casino establishments, with a preemption clause that prevails over any other provision of law in conflict or inconsistent with its provisions. The Commission has exclusive control over the rules and conduct of licensed casino games, and casino operators cannot exclude patrons for successfully playing the game under existing rules. The duty of property owners who open their premises to the public is not to act in an arbitrary or discriminatory manner toward persons who come on their premises.
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