The Column

Monday, April 7, 2008

If The Law knocks, flush the cards



Every so often I get reminders that South Carolina is a little, well, different.

Last Friday, a 10-month police investigation culminated with a raid on a house in Hanahan. More than $40,000 was seized and 27 people were arrested for the serious crime of … poker.

These folks ran afoul of a 206-year-old state law banning games involving the use of cards or dice.

This was fairly large-scale stuff. Among the 27 hauled off to the pokey was Deputy Solicitor Don Sorenson of First Circuit Court. About 65 people were identified as part of this poker cartel. Buy-ins for poker action ranged from $300 to $1,000. The players used hired dealers and pit bosses. The action floated among several places in Hanahan, North Charleston, and Daniel Island. Refreshments were served. This is a little more involved than just a few guys getting together for a few hands after work, but maybe this is how folks with money do it.

I’m still wondering how many police man-hours went into the investigation. And I’m struck that a region that has a violent crime problem – nearby North Charleston was recently declared the 7th most dangerous city in America – would expend such time and resources into a victimless crime when there are bigger fish to fry.

Although the Charleston County Sheriff’s Office said the scale of the gaming operation is the key here, the law that was allegedly violated simply covers all dice and card games.

It’s spelled out in Section 16-19-40 of the South Carolina State Code: “If any person shall play at any tavern, inn, store for the retailing of spirituous liquors, or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at any game with cards or dice … shall be imprisoned for a period of not over 30 days or fined not over $100.”

Going further, in State v. O’Neal (1947), it was ruled that if a place is not kept for gaming but a poker game breaks out and the owner allows it, participates in it, or receives a benefit, then it’s a gaming house.

Exceptions to this law are few: Backgammon and whist are OK as long as no one’s betting on the come. But other than that, according to the law it doesn’t matter if any wagering is going on, the other games are illegal.

Yet you can go to just about any store and buy a deck of playing cards. If you’re feeling real dangerous you can even buy a pack of poker chips. But you just can’t use them.

So your weekly Bridge Night is a violation, a few hands of poker for pocket change a serious crime, games such as Yahtzee and Monopoly (remember, you’re throwing dice) are highly suspect, and to engage in some Go-Fish with your five-year-old is to corrupt his morals.

Back when I worked at the Mohave Valley Daily News in Arizona, the staff would occasionally meet at Managing Editor Verne Peyser’s house for poker. Verne would cook up something Cajun, and we’d cut the deck. Nickel-dime stuff. I’ve never seen any folding money cross the table.

One of our regular players was Sam Benevento, then the assistant city attorney. He was married to one of our reporters, and he’d worked his way through law school as a casino pit boss. Good man, though it’s true playing poker with lawyer means highly flexible game rules. Or so I claimed.

But that’s in Arizona, within sight of the casinos in Laughlin, Nevada. Many times here in South Carolina I’d gotten together with friends for poker, blackjack, spades, or Yahtzee. All illegal, by the way – I didn’t realize I was such a scofflaw. I’ve been extremely lucky, though. No one pounded on my door during a game of gin, and I’ve never had to flush the evidence (cards, poker chips, score pads, Doritos) down the john. Yet. And I’ve yet to be infiltrated with organized-crime types.

Oh, yes. That’s a favorite slippery-slope argument against gambling, that such activity paves the way for organized crime to move into your neighborhood. H’mmm … in South Carolina, the only legalized form of gambling is the state-run lottery, so maybe that argument is true. They just don’t get much more organized or criminal than your federal, state, or local government.

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