Fate of cardroom to be decided later

A hearing today that was expected to possibly decide the fate of Kenmore's cardroom has been continued, probably to March.

In the meantime, the cardroom is open, until a trial that probably would take place several months from now.

The legal maneuvers are the latest developments in gambling questions that have persisted in Kenmore for years, but most recently relate to a cardroom ban ordered by the City Council in December.

Following the Dec. 19 vote, Kenmore Lanes, where the cardroom operates, filed a federal lawsuit seeking a temporary restraining order to keep the ban from going into effect.

That order was granted Dec. 29.

Today's session was to hear arguments on whether the restraining order should be continued and a trial date set, but the session was continued. A date is expected to be set early in March, said a docket clerk for U.S. District Judge Marsha Pechman.

Legal questions also remain over the Eastside's other operating casino and cardroom, the Casino Caribbean, which opened in November inside a bingo hall in the Kingsgate area.

The Casino Caribbean's gambling license was approved by the state Gambling Commission then, but the status of a liquor license remains in dispute. A casino liquor-license application was denied in May, but the owner, who also operates a casino in Yakima, appealed.

A five-day hearing on the liquor-license application is scheduled Tuesday before an administrative-law judge, according to the state Liquor Control Board.

The hearing will be at One Union Square, 600 University St., Seattle, Suite 1500.

Meanwhile, things are continuing as they have for years at the Kenmore bowling alley where the 11th Frame casino operates.

Even a state smoking ban hasn't changed things much, said owner Frank Evans.

"That had no adverse effect on us," said Evans, who earlier had been concerned that the smoking ban would keep customers away.

The business built an outside smoking area, and no problems have developed.

The legal combat in Kenmore is the latest step in years of complicated disputes over cardrooms in the city, and the federal case continues the pattern.

The casino earlier was the subject of a King County Superior Court ruling saying the city either had to ban cardrooms or allow others to apply for permits.

In the fall, cardrooms became a key issue in City Council races, with anti-cardroom candidates winning the elections. That led to the December City Council hearing and the decision to ban cardrooms. That, in turn, led to the lawsuit.

The stakes are a big issue in the city, with Kenmore Lanes contending that if its cardroom closes, the business will have to close, putting about 200 people out of work.

"Kenmore Lanes will suffer the irreparable loss of its entire business if it does not prevail at the preliminary-injunction hearing," argued Paul Dayton, attorney for Star Northwest Inc., the parent corporation of Kenmore Lanes and the 11th Frame, which brought the lawsuit against Kenmore and City Council members.

Also in dispute is the status of a state gambling license; the city contends that while the Washington State Gambling Commission "allegedly issued" a license to Kenmore Lanes on Nov. 28, the commission can only issue licenses with a one-year duration.

The city argues that the new license did not become effective until Jan. 1, 2006, and is invalid since the city voted to close the cardroom as of Dec. 31.

The Gambling Commission acknowledges that it did renew the Kenmore Lanes license, but otherwise says it has no position on whether the renewal is valid.

"We have done our best over the years not to get in the middle of these disputes," said Amy Hunter, commission spokeswoman.

"The court is the one deciding what's going on with that ban," she said.

Peyton Whitely: 206-464-2259 or pwhitely@seattletimes.com