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Uston v. Resorts International — Study Notes

445 A.2d 370 (N.J. 1982)

Study notes for Uston v. Resorts International: professor notes, cold call prep, exam angles, and memory aids.

Casinos, as public accommodations, cannot exclude patrons based solely on legal gambling strategies like card counting.

Professor Notes

In Uston v. Resorts International, the New Jersey Supreme Court addressed the intersection of gambling regulations, property rights, and public accommodation laws. A key point of emphasis is the limitation of a property owner's exclusionary rights when their establishment serves a public function, as demonstrated by the casino's reliance on public patronage. Importantly, the court's ruling challenged the discretion of casino operators, reinforcing that exclusion based solely on a customer's legal gaming strategy—such as card counting—was arbitrary when it did not violate any established laws or regulations. This case invites broader discussions on the rights of patrons in public accommodations and the ethical responsibilities of property owners towards their customers.

Cold Call Prep

1Explain the rationale behind the New Jersey Supreme Court's decision to uphold the trial court's ruling in Uston v. Resorts International.
2What legal principles govern the rights of privately owned casinos as public accommodations, according to this case?
3Discuss how Uston's card counting method fit within the legal framework establishing legal gambling strategies.
4In what way did the court assert that the exclusion of Uston was arbitrary and unreasonable?
5Compare the implications of this ruling for other public accommodations beyond casinos.

Mnemonic Device

C.A.R.E. - Casino must Allow Reasonable Engagement.

Distinguish From

Case	Distinction
Klein v. Board of Adjustments for City of Dallas	In Klein, the exclusion was based on zoning regulations rather than gambling strategy.
State v. McCarthy	McCarthy involved criminal activities where exclusion was warranted due to illegal behavior, unlike Uston's lawful card counting.
St. Joseph's Hospital v. New Jersey Department of Health	St. Joseph's focused on service provision rather than gambling rights, emphasizing provider obligations to serve the public.

Policy Arguments

For the Rule

Permitting patrons to utilize legal gambling strategies fosters a fair gaming environment and protects against arbitrary exclusion.

Against the Rule

Allowing card counting could disrupt the casino's revenue, potentially hurting their business model and profitability.

Class Discussion Points

What are the implications of this ruling for the concept of fairness in gambling establishments?
How might the decision affect the future policies of casinos regarding player strategies?
What role do public accommodations laws play in balancing individual rights and business interests?

Exam Angle

This case is often examined in the context of property rights, public accommodations, and the rights of patrons versus businesses. Students may be asked to analyze the balance of interests represented in Uston's case.

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