In its opinion issued Friday, the court said the casino tax is not an isolated example of taxing one industry for the benefit of another.
A 2006 Illinois law requires state riverboat casinos grossing over $200 million annually to give 3 percent of their take to the horse racing industry. The casinos have paid the fee into an escrow account, where it is to remain as the casinos consider asking the U.S. Supreme Court to take the case.
Penn National Gaming director Karen Bailey says the company, which owns casinos in Aurora and Joliet, is considering whether to appeal the decision.
