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But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses. 

The judges highlighted the number of gaming halls in the city remained largely stable after the increase. 

The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.

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A yes for jobs, a yes for economic opportunity, a yes to support our community,” the narrator says during the commercial. “A new casino would have a positive impact on our county, and we have the power to make sure it lands here, where our community can benefit.”

There’s also opposition to a casino in Allen County. Last year, a group of anonymous business owners, residents, and faith leaders assembled to launch Save Fort Wayne. The political action group says a casino “creates a net loss” by increasing addiction and crime.

The group’s website features an interactive slot machine where the spin always lands on an alleged negative consequence such as “addiction,” “bankruptcies,” “divorces,” “mental health issues,” “fatal accidents,” “child neglect,” “human trafficking,” and “poverty.”

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“There are valid arguments to be made in relation to raising the barriers to licensing, but this may come at a cost of diminishing competition and entrepreneurship,” he says.

In any event, successive regulatory tightening and tax increases have already created a “reasonably effective deterrent” to market entry.

There is a second complication. The relentless flow of Commission statements may eventually make enforcement less damaging rather than more.