Bally's Accused of Bias — Lawsuit Ends in Quiet Deal
In the fast-moving world of high-stakes development, Bally's Chicago found itself in a spotlight it hadn't anticipated. It's not its glitzy $1.7 billion casino resort or the anticipated 2026 grand opening giving it headaches, but a federal lawsuit that raised sharp questions about race, investment, and the legality of inclusion mandates in modern business.
The Allegations
Back in December, Bally's began accepting investor deposits for a $250 million initial public offering (IPO) for its Chicago casino project. But the terms of participation raised eyebrows. According to Bally's original filing, only investors who were women or minorities could qualify — language based on a Host Community Agreement with the City of Chicago requiring 25% minority and women ownership.
The restriction sparked a lawsuit in January, filed in U.S. District Court by the Wisconsin Institute for Law & Liberty on behalf of two white male investors — Richard Fisher and Phillip Aronoff — and the conservative legal advocacy group American Alliance for Equal Rights (AAER).
Settlement Reached — But Not Without Fallout
Fast-forward to June and the lawsuit is officially settled. Though Bally's declined to release details, the terms have closed the case. Importantly, Bally's had already amended the IPO requirements back in April, opening it to all investors regardless of race or gender but adding a stated preference for Chicago-area residents.
Still, the company remains bound to its 25% minority and women ownership pledge — part of the broader Host Community Agreement. This means while the IPO terms have changed, the overall project must still reflect that ownership breakdown — a requirement enshrined in the 2019 Illinois gambling expansion law.
Reactions From Both Sides
The plaintiffs and their legal team framed the outcome as a win for equal opportunity. "Bally's illegal and divisive investment plan is dead," said Dan Lennington of the Wisconsin Institute for Law & Liberty, adding the settlement "raised serious legal and ethical concerns and has since been abandoned," according to The Chicago Sun-Times.
A Chicago-based attorney previously barred from investing under the original terms voiced similar sentiments, noting cautious optimism about the direction of city policies. City and state gaming officials declined to comment publicly. Bally's did not provide a statement either, but has acknowledged in its filings that continuing litigation could carry substantial costs.
What's Next for Bally's Chicago?
Even as the legal dust settles, Bally's Chicago has faced other growing pains. Construction of the permanent casino, set for the site of the old Freedom Center, has been paused and restarted multiple times. One delay was due to infrastructure concerns, another after a contractor with alleged organized crime ties was exposed.
Meanwhile, revenue from Bally's temporary casino at the Medinah Temple has underwhelmed, bringing in $11 million in April, well below projections for a major gaming venue.
And the IPO? Still pending approval by the U.S. Securities and Exchange Commission.
A Bigger Conversation
This case wasn't just about a casino. It sparked a broader conversation about how companies pursue diversity initiatives and the legal risks when those efforts run into questions of exclusion. Depending on your viewpoint, it was either a necessary correction or a troubling precedent.
For now, Bally's Chicago is pressing on. But this legal drama may leave a lasting imprint, not just on the casino's books, but on how similar public-private partnerships navigate inclusion and equity in the years ahead.
References: Bally casino settles suit after would-be investors allege they were barred from investing for being white | Bally's settles lawsuit over now-scrapped minority requirement for Chicago casino investors | Bally's settles lawsuit with affirmative action activists
