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COURT RULING CLEARS SEIZURE OF GAMBLING MACHINES

By Ray King/OF THE COMMERCIAL STAFF
Monday, February 6, 2006 10:13 AM CST

A Jefferson County Circuit Court judge’s ruling last week could open the door to the seizure of more video arcade machines by authorities.

On Tuesday, Judge Berlin Jones said three machines seized four years ago from a Pine Bluff bar following an investigation by police “were games of chance” and should be destroyed.

“The important thing in this case is that we have a clear decision that has been rendered that provides guidance in exactly how the courts are going to interpret this,” Prosecuting Attorney Steve Dalrymple said Friday.

Jones ruling came in a civil forfeiture case filed against the owner of the machines, who had contended they were for “amusement only.”

Police Sgt. Jo Ann Bates, who was assigned to the Vice and Narcotics Unit when the machines were seized on Jan. 31, 2002, said officers were following up reports that owners of the machines were paying off winnings in cash, which is illegal under state law.

Dalrymple said the testimony convinced Jones that playing the machines required no skill, but rather were risk and chance and subject to forfeiture.

“It has to do with whether or not a player can manipulate the machine to the point that it influences the outcome,” said Deputy Prosecutor Rik Ramsey. “Whether the player wins or loses.”

Ramsey said a prime example of a machine that does require skill to win is a pinball machine.

“There are flippers and buttons that actuate the balls and a plunger that you can pull that can vary the weight of the ball and the flippers can be used to direct the ball,” he said. “In a pinball machine, a true amusement machine, there is a human element that’s involved in skill and the more a person is skilled at using the plunger and manipulating the flippers, the more he can have an impact on how long he plays and whether he wins or loses.”

In contrast, Ramsey said video gambling machines and video slot machines require no skill to play.

“There is no way a player can manipulate or influence the outcome of the machine,” he said.

“There are no flippers and no buttons that really impact the machine at all. There is a button that you can push to bet x-number of credits or whatever is imputed into the machine and then another button you press to play and that’s it.”

Ramsey said one of the machines was demonstrated in court during the hearing and afterward, Jones “ruled that in his opinion, and in the opinion of the court, those were games of chance.”

The issue of video arcades, and gambling, is one that Dalrymple said he gets a lot of calls about.

“More than drugs, more than the murders, more than anything,” he said. “There are a lot of people that are upset that they can’t play their games and just as many people or more call and say you’ve got to stop it.”

“The law is clear and it’s my responsibility to enforce that,” Dalrymple said. “There are machines you can play legally but gambling is against the law, has been and will remain that way until the laws are changed.”

Ramsey said the ruling is especially important since many of the video arcades which were raided by authorities last year have reportedly reopened.

“The ones we’re seeing around Pine Bluff now are 100 percent illegal gambling establishments as per the standards we’ve seen,” he said.

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