5D01-98 Butterworth v. Tropic Casino Cruises

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-98

Case Date: 10/15/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2001

ROBERT A. BUTTERWORTH, ETC., Appellant, v. Case No. 5D01-98 TROPIC CASINO CRUISES, INC. d/b/a SUNCRUZ CASINOS, Appellee. / Opinion filed October 19, 2001 Appeal from the Circuit Court for Volusia County, Joseph G. Will, Judge. Robert A. Butterworth, Attorney General and Jonathan A. Glogau, Special Counsel, Tallahassee, for Appellant. J. Lester Kaney of Cobb Cole & Bell, Daytona Beach and Ace J. Blackburn, Jr. of Cooney, Mattson, et al., Ft. Lauderdale, for Appellee. COBB, J. The issue on this appeal is whether the lower court erred in denying an injunction restraining Tropic Casino Cruises (hereinafter SunCruz) from operating the gambling vessel SunCruz III in the State of Florida as a "cruise to nowhere," and granting a summary judgment on the counterclaim of SunCruz. We agree with the well-reasoned opinion of the trial court and adopt it as the opinion of this court: SUNCRUZ operates the SunCruz III, an ocean going vessel, from its home port in Ponce Inlet, Volusia County, Florida.

Passengers holding tickets board the vessel and sail beyond the three mile boundary of the State of Florida. After traveling beyond the State's borders, passengers are allowed to engage in various forms of gambling, including the use of slot machines and other gambling devices. During the voyage, the vessel does not enter the boundaries of any other state or foreign country. The vessel returns to port on the same day it departs. There is no allegation, nor proof, that gambling activities occur within the boundaries of the State of Florida. While the vessel is in port, the gambling equipment remains on board the ship, although it is not covered or otherwise concealed from view. These voyages are commonly known as "day cruises" or "voyages to nowhere." The only persons permitted to board the vessel are crew members, passengers holding tickets and vendors who supply the vessel. (See Affidavit of Stanley J. Driscoll, Jr.) BUTTERWORTH argues that the activities performed by SUNCRUZ violate one or more of the statutory prohibitions alleged in his complaint, which prohibit possession and use of gambling equipment in the State of Florida, and provide that such activities may be enjoined as nuisances. SUNCRUZ argues that its activities are legal under the provisions of both federal law, as embodied in 15 U.S.C. 1171 et seq. (commonly known as the "Johnson Act"), and state law, as provided in Fla. Stat.

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