Ok, they have had their little ruling and the legal fiction of the slot machine being a “video lottery terminal” has been expanded to betting on football being a “sports lottery” because there is more chance than skill involved in winning. Governor Markell says he understands that the ruling even covers a straight bet on a single game.
But why the total silence on table games and their constitutionality. I have not heard nor seen anything on this. I would say that the court could not claim that it is a poker lottery or Texas Hold’em, craps, roulette or baccarat lottery. Hardly anyone could claim that in poker, skill does not play a very serious part. Poker tournaments and tv shows would be as absurd as an hour of guys in cowboy hats turning over the magic eight ball.
Here from the Delaware Constitution:
§ 17. Lotteries and other gambling.
Section 17. All forms of gambling are prohibited in this State except the following:
(1) within the enclosure of any racetrack licensed under the laws of the State to conduct a race meeting, or
(2) within the enclosure of any racetrack licensed under the laws of the State to receive and accept wagers or bets on electronically televised simulcasts of horse races.
(a) Lotteries under State control for the purpose of raising funds,
(b) Lotteries (other than slot machines, roulette, craps and baccarat games) provided that each is sponsored and conducted under the limitations of Section 17B by companies, organizations or societies which have been in existence for at least 2 years; provided, however, that no person who shall not have attained the age of 18 years shall participate in any lottery (where money is the prize) otherwise authorized by the article,
(c) Wagering or betting by the use of pari-mutuel machines or totalizators on horse races conducted at racetracks within or without the State, provided that such wagering or betting may be conducted only either:
(d) Bingo games as conducted under the limitations of Section 17A.
The General Assembly shall enforce this Section by appropriate legislation.
Seems clear to me but then again I thought that no one could ever say video lottery with a straight face.
Why has there been no attempt to get a ruling on the table games? It was part of the same bill. Do they not intend to really allow the racinos to add them?
I asked the same question. We need to be honest with ourselves. Either amend the Constitution or abide by it.