The Indiana court of appeals just decided Donovan v. Grand Victoria. Donovan, a card counter, was ejected from the casino after playing blackjack and winning. He suded, claiming that the casino had no right to eject him; he wasn’t cheating. Grand Victoria relied on the common law right of exclusion, where an owner may eject anyone for any reason or no reason at all, as long as it’s not for an impermissible motive such as race or sex.
The Indiana courts took a page from a similar issue in New Jersey. The New Jersey courts have long held that because gambling is such a specifically and heavily regulated activity in their state, the legislature has abrogated the common-law right of exclusion, and a player who is counting cards may not be excluded merely fdor exercise of that mental skill.
Indiana adopted that reasoning in toto.
Victory for card counters everywhere!