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Ohios Supreme Court To Rule on Turf Laws To Hear Case Involving Mutuel Law and Creation of Commission COLUMBUS, Ohio, June 16. Ohios high court will rule on the constitutionality of the state laws legalizing pari-mutuel wagering on horses and also the existence of the Ohio Racing Commission, which acts upon applications for racing dates. The Ohio Supreme Court has admitted for review records of the suit filed about two years ago by Charles P. Masterson, Cleveland realtor. Mastersons suit, which he filed as a taxpayer, not only questions the constitutionality of Ohios betting law but also the authority of the state racing commission in permitting tracks within a 30-mile radius of each other to operate on the same dates. Mastersons suit originally was filed in Franklin County Common Pleas Court, which dismissed the case. The Clevelander appealed but the Appellate Court ruled that Masterson could not bring suit because he, by his own admission, was not personally injured by the law. Masterson then appealed to the Supreme Court, which, has agreed to review the suit against the state racing commission, Cleveland Raceways, operator of ThistleDown and Cranwood, and Aurora Downs, Inc., operator of Grandview. The Cleveland taxpayer not only attacks the betting law as being unconstitutional but he also seeks an injunction to prohibit the board from spending public funds to administer the racing laws. Masterson claims the racing laws are a violation of the provision of the Ohio constitution which bans lotteries and the sale of lottery tickets within the state.
