A conservative group wants the Ohio Supreme Court to decide whether Gov. John Kasich and the legislature illegally expanded gambling in Ohio by allowing Ohio's seven horseracing tracks to become "racinos" with the installation of electronic slot machines.
But Statehouse correspondent Karen Kasler reports, the justices will have to answer another question first.
Before a group of racino opponents can make the argument against the video slots, there's the issue of whether the group has the authority to file the lawsuit in the first place.
The group's lawyer Tom Connors says it does: "We do qualify under that theory by reason of the negative effects of gambling, both personal and social."
Eric Murphy argued for the state, saying that standing can only be awarded if the group can prove real harm was done by the video slots.
"They have to show what that injury is and they'd have to show how the injury could be redressed," Murphy said.
If the racino opponents win, the whole case would go back to the trial court, and it could be years before the case would get back to the Ohio Supreme Court.