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Gaming Guru  Gambling and the Law: Can Everyone Win In Florida?14 September 2009
Sometimes the most important part of a legal document are the words that are not there. Gov. Charlie Crist, for example, just signed a new compact with the Seminole Tribe. It expressly allows the Tribe to have slot machines and banking card games, like blackjack. What the compact doesn't mention is limits. So, the Tribe is free to decide not only its stakes and hours of operations, but how many slot machines and table games it wants, in all seven of its casinos. It also means the compact violates federal and state law and is invalid – unless the Florida State Legislature decides to ratify it anyway. Crist signed a similar tribal-state compact in 2007. But he was sued by the Florida House of Representatives. The case wasn't even close. The Florida Supreme Court ruled that Crist and the Seminoles could agree to slot machines, because the State Constitution permits slots in parimutuel outlets in two counties. But the Governor simply could not enter into a compact for a prohibited game, like blackjack. The Court held the compact invalid, because only the State Legislature can decide what forms of gaming are legal in the state. In light of threats, of questionable legality, by the federal Secretary of Interior to impose rules for slot machines without the state's input or revenue sharing, the State Legislature authorized Crist to enter into a new compact. He had until 11:59 pm on August 31, 2009. He made it, with only a few hours to spare. But the State Legislature had authorized the Governor to enter into a compact which allowed banking card games only at the tribe's four casinos in Broward and Hillsborough counties. The Seminoles' lawyer, Barry Richard, the lead litigator for George W. Bush in the 2000 Florida voting fiasco, was widely quoted as saying, "The tribe has substantial arguments that they would be able to have blackjack, whether or not they have a compact. I can't guarantee they're going to get it, but [the possibility] is a very strong incentive for the Legislature to work something out. If they don't, the state is going to get no money." Of course, blackjack is only available through a valid compact. The compact contains a few other strange departures from what the Legislature required. Where the Legislature required that injured patrons could receive up to $1 million, the Governor and tribe agreed to a cap of only $100,000 on patron tort claims; hardly sufficient in a wrongful death case. The revenue sharing is also different, but still a minimum of 12%, reaching up to 25% of gaming win over $2.25 billion in Broward County. The state will eventually get billions, but the tribe will stop paying if state or privately-owned casino-style gambling expands. Crist did give one bone to competitors: Cardrooms would be able to spread no-limit poker games. The State Legislature now has only an up or down vote on the proposed compact. The lawmakers will have to decide if they can live with this, or hope for another, better deal, while the state's budget deficit continues to grow. My guess is the Legislators will throw in some additional side requirements, like decent insurance protection for patrons and some tax breaks for competitors, and sign off on the deal. For it is politics, not law, that will determine who wins in Florida. As the man who brought us George W. Bush – even though Al Gore got more votes – put it, "If they don't, the state is going to get no money." Gambling and the Law: Almost the Law27 July 2009
Law school classes are conducted using the case method. Students are given published court opinions and then questioned on what they deduce the law is. This produces lawyers with the mistaken belief that the first place to look when conducting legal research is reported cases.
It is dangerous to ... (read more)
Gambling and the Law: What Is Poker?5 May 2009
Should the prohibitions on internet gambling have a carve-out for online poker?
The question is much more complicated than it seems. If the argument is that poker is not gambling but rather a contest of skill, should the exemption be limited to poker tournaments? What is "online" – what about ... (read more)
Gambling and the Law: Another "What Is Poker" Case5 May 2009
Last column I started the discussion of whether the prohibitions on internet gambling should apply to online poker by asking the fundamental question: "What is poker?"
Twenty years ago I actually had to answer that question under oath in the "7-card down" case I described in my last column. ... (read more)
Gambling and the Law: Jackpot for a Casino Thanks to Great LawyeringLegal gambling can be one of most profitable businesses around. Take for example Penn National Gaming. The company owns four Argosy and four Hollywood casinos; manages the 200,000 square foot Rama Casino in Canada; owns three other casinos, including the Empress Joliet; operates telephone and ... (read more)Gambling and the Law: Of Course It's A Depression"Buy when there is blood in the streets, even if the blood is your own." Baron Nathan Rothschild There is a generally accepted definition of an economic recession – a decline in gross domestic product for two consecutive quarters. But people don't agree on what is a depression until years after ... (read more)Gambling and the Law: Proving Poker is a Game of SkillHow can we make poker legal? The cleanest way is to get a statute passed through the state legislature. In my book, GAMBLING AND THE LAW, I show how California became the draw poker capital of the world because the state enacted laws in the 19th century that outlawed specific games, like 21 and ... (read more)Gambling and the Law: Don't Finish This BookThere ought to be a law prohibiting anyone from writing a book about gambling who does not know how to make a bet. (There also ought to be a law against writing books if you can't write, but that is a different subject.) Gambling has been at the heart of many stories. The best, inevitably, are ... (read more)Gambling and the Law: The Casino of the Immediate FutureThe casino of the future can be found today, in countries like Vietnam and Cambodia. Many countries have allowed casinos, restricted to foreign tourists. The ones I visited in Cambodia were in hotels in Siem Reap, near the famous ruins of Angkor Wat. What is unusual is to see table games like roulette and baccarat. ... (read more) |
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