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DAYTON — Three days after the Ohio Investigative Unit issued a moratorium telling liquor permit holders to remove their Tic Tac Fruit machines from their premises by Saturday, a Franklin County Judge granted a restraining order against the Ohio Department of Public Safety that prevents the unit from seizing the gambling machines until the issue is considered in Franklin County Common Pleas Court in December.

The order was granted Thursday, according to Scott Pohlman, deputy director of the Ohio Investigative Unit.

The restraining order was sought after by Columbus attorney Kurt O. Gearhiser, who is representing the Fraternal Order of Eagles of Pomeroy, Ohio Skill Games, Inc. of Columbus, Jeff Mayle of Columbus, George Georgekopoulos of Akron and Elite Entertainment, Inc. of Akron, according to a court document.

Ohio Skill Games President Jay Young issued this statement at his company's Web site (www.tictacfruit.com):

"After reviewing the Attorney General opinion and discussing it with our legal advisors we do not agree with the Attorney General's opinion and Ohio Skill Games is still committed to defending the machine in court. The Attorney General opinion is only that 'an opinion' and is not legally binding on any court."

"I don't know if that would prevent local law enforcement from conducting an investigation," Pohlman said.

Dayton police could not be immediately reached for comment.

The state unit, which is under the umbrella of the public safety department, issued the moratorium after Attorney General Jim Petro issued a formal opinion last week that said the electronic tic tac toe machines are "schemes of chance" and therefore prohibited by state law.

"Since the Attorney General's ruling we have not seized anything," Pohlman said.

Contact this reporter at (937) 225-2414 or kwynn@DaytonDailyNews.com.