Gambling laws need common-sense overhaul, official says

Associated Press

Monday, March 09, 2009

COLUMBIA --- A bill allowing social gambling and gambling-themed fundraisers has been introduced by South Carolina legislator who says it's none of the government's business if friends want to gather around a kitchen table and play cards.

Senate President Pro Tem Glenn McConnell, R-Charleston, said the state's centuries-old anti-gambling laws sorely need a common-sense overhaul. But even with the backing of the powerful Judiciary Committee chairman, the bill faces tough odds in the Legislature.

Read literally, a 207-year-old law banning "any game with cards or dice" would include popular board games such as Monopoly and Sorry.

The executive director of the Washington-based Poker Players Alliance said Friday the group applauds Mr. McConnell's efforts. While state laws regarding gambling vary widely, most states exempt social gambling.

"South Carolina is one of a few states backward in terms of not allowing people to play friendly games of poker in their own homes," said John Pappas.

Last month, five of 20 poker players arrested in a 2006 raid on a home in Mount Pleasant were found guilty of illegal gambling, even though a municipal court judge agreed with the players' argument that Texas Hold 'em hinges on skill, not chance. They were ordered to pay a $262 fine for the misdemeanor tickets, and the men have said they will appeal their convictions. The others arrested previously settled their cases by paying fines.

Mr. McConnell's bill says gambling in private homes, where there are no house odds and the house doesn't profit, is legal social gambling. It also allows churches and other nonprofits to hold limited "casino night" fundraisers, as long as they don't include slot machines, video gambling or sports betting.

Sen. Wes Hayes said that while he understands Mr. McConnell's intent and agrees some antigambling laws are outdated, he fears the unintended consequences such as those that led to video poker's rise. The Rock Hill Republican noted it took a decade and numerous court cases before the Legislature banned those games in 2000. He'd rather have antiquated laws than allow inroads for gambling proponents.

"It's a delicate balance," he said. "If you go in and start changing those and allowing games under certain circumstances, etc., etc., it's sometimes difficult to predict the total outcome."

The state's antigambling laws bar all lotteries, either by dice, tickets, cards, lots or numbers, of "houses, lands, plate, jewels, goods, wares, merchandise, or other things whatsoever."

Several measures introduced in the House last week allow charity raffles, and Mr. McConnell said he planned to address that, too. He said that change would require a public vote in 2010 to amend the state constitution.

 

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