CASINOS IN PONDS

Thorny issues surrounding Missouri's gambling industry keep cropping up. The latest is raised in a lawsuit that questions the construction of land-based casinos that have only a slim thread of connection to the concept of cruising riverboats on the Missouri or Mississippi rivers -- which is what Missourians thought they were approving in 1994.

The target of the newest lawsuit is a four-boat -- the term "boat" is used loosely -- casino complex in Maryland Heights, a St. Louis suburb. The complex is being built by Harrah's of Memphis and Players International of Atlantic City, N.J. The "boats" wouldn't have engines, so there is no pretense that they could cruise the river. Moreover, they "boats" are being put in manmade ponds within a thousand feet of the river's edge, as allowed by the state law that was adopted after Missouri voters passed a constitutional amendment allowing riverboat gambling on the state's two major rivers.

The gaming commission is the defendant in this lawsuit, which is a familiar role for the commission. It has been sued several times, but most lawsuits have been dismissed before a judge could make a final ruling on the questions the plaintiffs have raised. Indeed, the issue of casinos that aren't on the river and can't go anywhere has been raised previously, but that lawsuit was settled out of court before any ruling was made.

At the behest of the U.S. Coast Guard and other river navigation experts, the gaming commission already has permitted all but one of the state's nine operating casinos to remain land based rather that taking excursion trips on the river while gamblers roll dice or pull levers on slot machines. The only riverboat that still goes out on the river is Casino Aztar in Caruthersville -- and it only goes out in daylight in fair weather.

As the gaming commission continues to find more and more ways to let casino operators do just about anything they want -- with little regard for the voter-approved concept of cruising riverboats, there is mounting concern over the evolution of gambling in general throughout Missouri. With casinos, bingo and a variety of lottery options, gambling in one form or another can be found everywhere from convenience stores to restaurants to church basements.

Representatives of gambling operations in Missouri call this latest lawsuit frivolous. However, it seems to raise a fair question that warrants a court ruling. It will be interesting to see if it gets that far and, if it does, how the court decides.