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Friendly game? Don't bet on it
By MAUREEN MILFORD • The News Journal • March 28, 2008
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When William Holley of Middletown holds a barbecue at his house, a few friends often will sit down for a game of Texas hold 'em poker at $2 a hand.
Holley never thought he or his friends were committing a crime.
"I let them go have their drinks, have their fun," said Holley, 42. "It's a barbecue. What are your friends supposed to do when they get there, play hopscotch?"
So Holley was shocked when his town's newly formed police force busted up a poker game in a suburban cul-de-sac of mini-mansions. While allegations surrounding the arrests of the home's residents sound like the game was more than a few friendly hands of poker, many in the state were surprised to learn that there's nothing written in Delaware laws that allows even penny-ante gambling in the home.
State Attorney General Beau Biden's office put out a brief statement that said gambling in Delaware is illegal except through state-run lotteries, horse betting at race tracks and charitable gambling licensed by the state. Although Biden's office added that it considers other factors when deciding whether to prosecute, it gave Holley and other poker aficionados cold comfort.
"It would really [tick] me off if the cops came up and raided a game at my house," Holley said. "Don't you think there's better things to do?"
Unlike many other states, there's no exception in Delaware law for social gambling, which is described as games at a private home where the winnings go to the players, said I. Nelson Rose, an authority on gambling law and a professor of law at Whittier Law School in Costa Mesa, Calif. But the police rarely make arrests in friendly card games, he said. John Mancus, past chairman and now a member of the Delaware Gaming Control Board, said there hasn't been an arrest in recent memory. "It's one of the laws on the books that nobody wants to enforce," Rose said.
The Delaware situation illustrates the tension that arises when changing social trends butt up against gambling laws from the 19th and early 20th centuries, legal experts said.
Not only have Americans increasingly come to view gambling as legitimate entertainment, with the rise of state-sanctioned lotteries and casinos, but poker has become a national craze with televised tournaments of the popular Texas hold 'em game, according to William Eadington, professor of economics and director of the Institute for the Study of Gambling and Commercial Gaming at the University of Nevada, Reno. "The trend has been to legalize it through legislation -- or just ignore it," Eadington said.
As a result, most players tend to believe it's legal. Take poker lover Phil Shernofsky, 42, of Dover, who has played cards at friends' homes.
He, like many, always believed that such games are legal unless the house is taking a cut of the action. "I don't think it ever came up in conversations that something we were doing was illegal," Shernofsky said.
Calling for change
Now, some in Delaware are calling for the state to bring its law up to date. Other states have passed laws that exempt players in social games, Rose said. In Texas, for example, social gaming is defined as gambling in a private place where no one receives any economic benefit other than personal winnings and -- except for the advantage of skill or luck -- the risks of losing and the chances of winning are the same for all players.
That is typical of most state social gaming exceptions, said Chuck Humphrey, a lawyer in Denver who runs gambling-law-us.com, which lists the gambling laws for every state.
In Florida, it's not a crime to play "penny-ante" games like poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg if the winnings of any player in a single round are not more than $10. In Iowa, games between individuals in a "bona fide social relationship" are allowed if there is no cover charge or entrance fee and no one wins or loses more than $50 in a 24-hour period.
"It certainly wouldn't hurt for Delaware to take a look at the existing criminal code and consider modifying it in view of the changes to technology and in order that individuals can achieve a clearer understanding of Delaware's legislative intent with respect to gambling," Mancus, of the gaming board, said.
State Rep. Peter Schwartzkopf, D-Rehoboth Beach, said the laws are "not very realistic in today's world."
"Friendly poker games, office pools, etc. should not endanger the players to a misdemeanor criminal record," Schwartzkopf said in an e-mail.
Few arrests made
The case in Middletown is alleged by law enforcement to be more than just social gaming. The home's residents were accused of having an automated teller machine in the house. Drinks allegedly were served by topless waitresses.
But their attorney, Herbert Mondros of Wilmington, said his clients were simply having a weekly card game. There was an ATM in the home, but no topless waitresses, he said.
"We continue to view it as a friendly game of cards among friends. They weren't making money on the game. It was not a profitable venture," Mondros said. "It wasn't choir practice, but there was nothing that doesn't happen in thousands of basements practically every night."
Delaware has not been big on busting illegal gambling overall, not just card games. In the 10 years from 1998 to 2007, the average number of arrests for all gambling-related offenses was 16.5 a year, according to Cpl. Jeff Whitmarsh, spokesman for the Delaware State Police. There were just three arrests last year, he reported.
The numbers represent a small portion of the overall arrest picture for misdemeanor crimes in Delaware, Whitmarsh wrote in an e-mail.
"We're not aggressively out looking for people playing friendly card games," said Sgt. Joshua Bushweller, spokesman for the Delaware State Police.
That is the case in most states, Rose said.
Gambling laws of old were designed to protect not just the health, safety and welfare of their citizens, but also their private morality, Rose said.
Since the 1920s and 1930s, there's been a movement away from the social mores against gambling, said David G. Schwartz, director of the center for gaming research at the University of Nevada, Las Vegas.
What's more, the growing popularity of Texas hold 'em in the past five years with televised events creates the perception that it's OK to do it at home, Schwartz said.
The nearly 40-year-old World Series of Poker in Las Vegas was one of the reasons that Texas hold 'em gained popularity, Rose said. Because there were up-cards, it was more of the spectator sport allowing people watching to strategize.
Aaron Wong, special agent supervisor with the California Department of Justice, said 70 percent to 80 percent of the games played in California card rooms are Texas hold 'em. The game is so popular, he said, the state recently tweaked its charitable gaming laws to allow it.
"If you can gamble on slots and gamble on lotteries, but you can't gamble at home, it seems hypocritical, in many ways," Schwartz said.
Raids uncommon
About half the states have passed exceptions for home games where nobody is making a profit, Rose said. But all states make it illegal for the operators to rake in a pot unless they are licensed by the state, Humphrey said.
But even when the house is taking a cut, police usually don't raid the game, Rose said. Usually, police descend when there's a suspicion the activity involves organized crime -- or when neighbors complain of a nuisance.
Rarely, law enforcement will arrest gamblers when they want to make a public statement, Rose said.
Charles Oberly III, former Delaware attorney general from 1983 to 1995, said it makes sense that only concerns about organized crime or complaints from neighbors should bring down the police.
"Because that's where enforcement should lie," he said.
Bushweller said he's been a state police trooper for 12 years and he doesn't remember getting a complaint about a friendly card game.
Whether or not Delaware will address social gambling remains to be seen because it's a nuanced issue, researchers said.
One legal argument holds that making home games illegal is similar to the outlawing of alcohol with the National Prohibition Act of 1920, Rose said.
"The argument is, it's dangerous to have a law on the books that no one respects," he said. "It causes disrespect for law and can lead to prejudicial enforcement."
The other side holds that altering the law can open the door to organized illegal activity posing as home games, Schwartz said.
"The majority of people want the anti-gambling laws on the books," Rose said. "But they don't want it enforced. It's kind of like jaywalking laws. People want it on the books, but they only want them enforced if it's a dangerous situation."
Barbara Barr, program director with the Delaware Council on Gambling Problems, said the organization is "gambling neutral."
However, if the state were to legalize social gambling, then money should be set aside to deal with problems that might arise, she said.
Rep. William A Oberle Jr., R-Beechers Lot, said in an e-mail that every state attorney general during his time in public office "has chosen not to head down that path" of social gambling.
"Quite honestly, I do not believe change will occur unless there is some direction from our chief law enforcement official," Oberle said.
By MAUREEN MILFORD • The News Journal • March 28, 2008
Read Comments(27)Recommend (8)Print this page E-mail this article
Share this article: Del.icio.us Facebook Digg Reddit Newsvine What’s this?
When William Holley of Middletown holds a barbecue at his house, a few friends often will sit down for a game of Texas hold 'em poker at $2 a hand.
Holley never thought he or his friends were committing a crime.
"I let them go have their drinks, have their fun," said Holley, 42. "It's a barbecue. What are your friends supposed to do when they get there, play hopscotch?"
So Holley was shocked when his town's newly formed police force busted up a poker game in a suburban cul-de-sac of mini-mansions. While allegations surrounding the arrests of the home's residents sound like the game was more than a few friendly hands of poker, many in the state were surprised to learn that there's nothing written in Delaware laws that allows even penny-ante gambling in the home.
State Attorney General Beau Biden's office put out a brief statement that said gambling in Delaware is illegal except through state-run lotteries, horse betting at race tracks and charitable gambling licensed by the state. Although Biden's office added that it considers other factors when deciding whether to prosecute, it gave Holley and other poker aficionados cold comfort.
"It would really [tick] me off if the cops came up and raided a game at my house," Holley said. "Don't you think there's better things to do?"
Unlike many other states, there's no exception in Delaware law for social gambling, which is described as games at a private home where the winnings go to the players, said I. Nelson Rose, an authority on gambling law and a professor of law at Whittier Law School in Costa Mesa, Calif. But the police rarely make arrests in friendly card games, he said. John Mancus, past chairman and now a member of the Delaware Gaming Control Board, said there hasn't been an arrest in recent memory. "It's one of the laws on the books that nobody wants to enforce," Rose said.
The Delaware situation illustrates the tension that arises when changing social trends butt up against gambling laws from the 19th and early 20th centuries, legal experts said.
Not only have Americans increasingly come to view gambling as legitimate entertainment, with the rise of state-sanctioned lotteries and casinos, but poker has become a national craze with televised tournaments of the popular Texas hold 'em game, according to William Eadington, professor of economics and director of the Institute for the Study of Gambling and Commercial Gaming at the University of Nevada, Reno. "The trend has been to legalize it through legislation -- or just ignore it," Eadington said.
As a result, most players tend to believe it's legal. Take poker lover Phil Shernofsky, 42, of Dover, who has played cards at friends' homes.
He, like many, always believed that such games are legal unless the house is taking a cut of the action. "I don't think it ever came up in conversations that something we were doing was illegal," Shernofsky said.
Calling for change
Now, some in Delaware are calling for the state to bring its law up to date. Other states have passed laws that exempt players in social games, Rose said. In Texas, for example, social gaming is defined as gambling in a private place where no one receives any economic benefit other than personal winnings and -- except for the advantage of skill or luck -- the risks of losing and the chances of winning are the same for all players.
That is typical of most state social gaming exceptions, said Chuck Humphrey, a lawyer in Denver who runs gambling-law-us.com, which lists the gambling laws for every state.
In Florida, it's not a crime to play "penny-ante" games like poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg if the winnings of any player in a single round are not more than $10. In Iowa, games between individuals in a "bona fide social relationship" are allowed if there is no cover charge or entrance fee and no one wins or loses more than $50 in a 24-hour period.
"It certainly wouldn't hurt for Delaware to take a look at the existing criminal code and consider modifying it in view of the changes to technology and in order that individuals can achieve a clearer understanding of Delaware's legislative intent with respect to gambling," Mancus, of the gaming board, said.
State Rep. Peter Schwartzkopf, D-Rehoboth Beach, said the laws are "not very realistic in today's world."
"Friendly poker games, office pools, etc. should not endanger the players to a misdemeanor criminal record," Schwartzkopf said in an e-mail.
Few arrests made
The case in Middletown is alleged by law enforcement to be more than just social gaming. The home's residents were accused of having an automated teller machine in the house. Drinks allegedly were served by topless waitresses.
But their attorney, Herbert Mondros of Wilmington, said his clients were simply having a weekly card game. There was an ATM in the home, but no topless waitresses, he said.
"We continue to view it as a friendly game of cards among friends. They weren't making money on the game. It was not a profitable venture," Mondros said. "It wasn't choir practice, but there was nothing that doesn't happen in thousands of basements practically every night."
Delaware has not been big on busting illegal gambling overall, not just card games. In the 10 years from 1998 to 2007, the average number of arrests for all gambling-related offenses was 16.5 a year, according to Cpl. Jeff Whitmarsh, spokesman for the Delaware State Police. There were just three arrests last year, he reported.
The numbers represent a small portion of the overall arrest picture for misdemeanor crimes in Delaware, Whitmarsh wrote in an e-mail.
"We're not aggressively out looking for people playing friendly card games," said Sgt. Joshua Bushweller, spokesman for the Delaware State Police.
That is the case in most states, Rose said.
Gambling laws of old were designed to protect not just the health, safety and welfare of their citizens, but also their private morality, Rose said.
Since the 1920s and 1930s, there's been a movement away from the social mores against gambling, said David G. Schwartz, director of the center for gaming research at the University of Nevada, Las Vegas.
What's more, the growing popularity of Texas hold 'em in the past five years with televised events creates the perception that it's OK to do it at home, Schwartz said.
The nearly 40-year-old World Series of Poker in Las Vegas was one of the reasons that Texas hold 'em gained popularity, Rose said. Because there were up-cards, it was more of the spectator sport allowing people watching to strategize.
Aaron Wong, special agent supervisor with the California Department of Justice, said 70 percent to 80 percent of the games played in California card rooms are Texas hold 'em. The game is so popular, he said, the state recently tweaked its charitable gaming laws to allow it.
"If you can gamble on slots and gamble on lotteries, but you can't gamble at home, it seems hypocritical, in many ways," Schwartz said.
Raids uncommon
About half the states have passed exceptions for home games where nobody is making a profit, Rose said. But all states make it illegal for the operators to rake in a pot unless they are licensed by the state, Humphrey said.
But even when the house is taking a cut, police usually don't raid the game, Rose said. Usually, police descend when there's a suspicion the activity involves organized crime -- or when neighbors complain of a nuisance.
Rarely, law enforcement will arrest gamblers when they want to make a public statement, Rose said.
Charles Oberly III, former Delaware attorney general from 1983 to 1995, said it makes sense that only concerns about organized crime or complaints from neighbors should bring down the police.
"Because that's where enforcement should lie," he said.
Bushweller said he's been a state police trooper for 12 years and he doesn't remember getting a complaint about a friendly card game.
Whether or not Delaware will address social gambling remains to be seen because it's a nuanced issue, researchers said.
One legal argument holds that making home games illegal is similar to the outlawing of alcohol with the National Prohibition Act of 1920, Rose said.
"The argument is, it's dangerous to have a law on the books that no one respects," he said. "It causes disrespect for law and can lead to prejudicial enforcement."
The other side holds that altering the law can open the door to organized illegal activity posing as home games, Schwartz said.
"The majority of people want the anti-gambling laws on the books," Rose said. "But they don't want it enforced. It's kind of like jaywalking laws. People want it on the books, but they only want them enforced if it's a dangerous situation."
Barbara Barr, program director with the Delaware Council on Gambling Problems, said the organization is "gambling neutral."
However, if the state were to legalize social gambling, then money should be set aside to deal with problems that might arise, she said.
Rep. William A Oberle Jr., R-Beechers Lot, said in an e-mail that every state attorney general during his time in public office "has chosen not to head down that path" of social gambling.
"Quite honestly, I do not believe change will occur unless there is some direction from our chief law enforcement official," Oberle said.