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Chicago City Wire

Tuesday, February 4, 2025

Lawsuit challenges exclusion of white men from investment in Bally’s Chicago casino

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A rendering of Bally's Chicago by the artist. | Wikimedia Commons / Bally's Corporation

A rendering of Bally's Chicago by the artist. | Wikimedia Commons / Bally's Corporation

Two white men are suing Bally’s Corporation and the city of Chicago over a controversial investment opportunity that excludes white men from participating based on their race and gender. 

The lawsuit, filed in U.S. District Court, targets the casino’s “Class A” investment criteria, which restricts participation to racial minorities and women.

The plaintiffs are being represented by the American Alliance for Equal Rights (AAER), a group committed to challenging race-based policies across the U.S.

“Bally’s, the Illinois Gaming Board and the City of Chicago decided to roll the legal dice when this plan was enacted,” Edward Blum, the founder of the AAER, said in a press release. “The dice came up snake eyes.”

The lawsuit invokes a provision of the 1866 Civil Rights Act, used in other cases challenging diversity initiatives.

Richard Fisher and Phillip Aronoff, both white males, claim they were denied the ability to invest in the new $1.7 billion Bally’s Chicago casino due to the racial and gender-based restrictions

The Bally’s Chicago casino, slated to open in 2026 in the River West neighborhood, will be Illinois’ largest casino. It includes plans for a 500-room hotel, a 3,000-seat theater, thousands of slot machines, and a variety of restaurants and entertainment venues. 

However, as part of its agreement with the city, Bally’s is required to offer 25% of its equity stake to racial minorities and women.

“It is stupefying that Bally’s, the Illinois Gaming Commission, and the City of Chicago launched this blatantly illegal and divisive initial public offering,” Blum said. “This program allows multimillionaires who are racial minorities and women to invest in this new gambling venture but excludes all white men, including those of modest or working-class backgrounds. This marks a new low in race and sex discrimination.”

The plaintiffs, who are members of the American Alliance for Equal Rights, argue that the investment restrictions violate their civil rights. 

The investment offering was structured in compliance with Illinois law, which aims to increase minority and female ownership in gambling establishments. Under the state’s guidelines, Bally’s must offer a portion of its ownership stake to these groups. 

The plaintiffs, however, believe that the exclusion of white men from investing goes against federal civil rights laws, which prohibit discrimination based on race or sex.

According to the lawsuit, the “Class A” investment offering is open to people who meet the “minority or woman” criteria as defined by the city. 

The plaintiffs argue that by restricting investment to only these groups, the casino’s offering violates constitutional principles of equal protection under the law.

The lawsuit seeks a court order declaring the investment restrictions illegal, demanding damages, and blocking any future enforcement of the state law that mandates such race- and gender-based restrictions in casino investments.

The case has ignited a broader debate over the role of race and gender-based policies in business and investment opportunities. 

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