7-31-2006 - This case was appealed by the Jefferson County Attorney's office, and briefs have been filed to Circuit Court.  Please check back at this website within 30 days for updates.

4-21-2006 - Louisville charities and bingo halls have achieved a clear cut exemption from the Smoking Ban ordinance in Division 1 District court. 

The honorable Judge Sheila Collins issued a written opinion after hearing arguments from both Kentucky Charitable Gaming Association counsel and the Metro Health Department.  She stated in part: "(Charities) are not in violation of the ordinance..."

To read the document in its entirety, please click here, here, and here.

The Kentucky Charitable Gaming Association understands that Louisville Metro Council members did not intend to hurt the fundraising opportunities of their devoted and hardworking charities. 

However, the Metro Health Department's zealous interpretation of this ordinance was forcing charitable bingo into a dangerous position.  As had been explained publicly many times, a small decline in attendance might cause a charity to dip below the state mandated 40% profit margin (KRS 238.536).  When that happens - and it happens often - charities face penalties up to and including the loss of their charitable gaming license.

Therefore it was imperative that this issue be resolved in favor of charitable gaming licensees. 

In the months between the ordinance going into effect and the current court decision, many Council members have admitted that the unintended consequences of this ordinance would damage charitable gaming.

We thank the Metro Council for this acknowledgement and their continued support of legitimate charitable gaming activities.