• A picket line at Horseshoe Indianapolis was told to move
• Teamsters filed a lawsuit against the police directive
• A federal judge sided with the casino

Table game employees and dual-rate dealer-supervisors at Horseshoe Indianapolis in Shelbyville have been on strike for nearly a month. Their picket line was recently forcibly moved by the property owned and operated by Caesars Entertainment, and a federal court has upheld the casino’s actions.

A federal judge in Indiana’s Southern District Court has ruled that the sidewalk and median along Michigan Road in front of Horseshoe Indianapolis isn’t public property and, therefore, casino workers must find somewhere else to picket. Table dealers at the casino are seeking to join the Teamsters Local 135 union. (Image: Casino.org)

Roughly 200 workers at Horseshoe Indianapolis began picketing for a union contract at noon EST on October 17.

The strike happened after Caesars refused to allow an independent auditor to conduct the dealers’ vote regarding whether to unionize.

The federal government’s shutdown, which ended Wednesday night, put the union vote on hold. The National Labor Relations Board (NLRB) was considered a nonessential agency during the 43-day disruption. 

Court Upholds Picket Move 

The table-game dealers are considering joining the Teamster Local 135. Local law enforcement recently ordered the picketing workers to move from out front of the casino along Michigan Road.

The forcible relocation of the strike prompted Teamsters to file a lawsuit against the City of Shelbyville on allegations that its First Amendment rights had been violated.

“The Teamsters seek to preserve and exercise their constitutional and statutory rights to engage in lawful and peaceful picketing,” the complaint read.

The union contended that Michigan Rd. is a “public right-of-way” and that law enforcement wrongly forced the picketing workers to picket “far from the business … which all but defeats the purpose.”

Judge James Patrick Hanlon in Southern Indiana’s US District Court ruled against the union, saying that Michigan Rd. constitutes Horseshoe Indianapolis property because the casino owns the land on the opposite side of the road. Hanlon denied a request for a temporary restraining order.

The Teamsters do not dispute that Horseshoe Casino owns the parking lots across Michigan Road, or that the sidewalks, grassy areas, and landscaping along Michigan Road merely connect those parking lots with Horseshoe Casino’s facilities,” Hanlon wrote. “This case therefore appears to be like those cases holding that even publicly owned areas that include sidewalks are not traditional public fora when they are used for a limited purpose.”

Teamsters attorneys argued that Michigan Road is public infrastructure that includes the “publicly available” Pilot Travel Center.

“By all accounts, North Michigan Road is a public road that is freely accessible to the public,” they wrote. Hanlon disagreed.

Strike Continues

The NLRB reopened on November 13, following the end of the federal shutdown. The agency says it’s catching up on outstanding matters such as the proposed union vote at Horseshoe Indianapolis.

The NLRB certifies or decertifies union election outcomes and assists unions and workers in defending their rights under the National Labor Relations Act.

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