Uston v. Resorts International Hotel, Inc.

Brief Fact Summary.

Defendant refused to allow Plaintiff into its casino on the grounds that Plaintiff had a strategy of playing cards that increased his chances of winning. Plaintiff brought suit against Defendant, and the trial court held for Plaintiff. Defendant appealed.

Synopsis of Rule of Law.

When property is open to the public, one has a right of reasonable access to that property.

Facts.

Resorts International Hotel (“Defendant”) declined to allow Kenneth Uston (“Plaintiff”) near the blackjack tables at Defendant’s casino. Defendant alleged that Plaintiff’s strategy of card counting increased his chances of winning. Plaintiff brought suit against Defendant on the grounds that Defendant did not have a right to exclude him merely due to his car playing strategy. The lower court held for Plaintiff. Defendant appealed.

Issue.

Whether one has a right of reasonable access to property when the property is open to the public.

Held.

Yes, one has a right of reasonable access to property when the property is open to the public.

Discussion.

When property is open to the public, one has a right of reasonable access to that property. The court must evaluate cases on a case-by-case basis to determine the reasonableness of one’s decision to exclude an individual. In this case, Defendant’s casino is open to the public and Plaintiff’swish to enter the casino to play blackjack is not unreasonable. Plaintiff is not bringing or causing any danger to Defendant’s employees or other guests at the casino. Thus, Defendant’s action of excluding Plaintiff is unreasonable, and the trial court’s decision is affirmed.