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govman6767 06-22-2007 02:04 PM

History of Gambling in WA
 
Constitution prohibits all lotteries.
1933 Pari-mutuel betting on horse races authorized.

1937 Slot machines allowed for private clubs only.

1952 Washington State Supreme Court ruled the 1937 law allowing slot machines unconstitutional.

1950s 60’s Illegal gambling took place in various parts of the state, payoffs to police and government officials alleged in some jurisdictions. Known as “Tolerance Policy” period.

1971 “Tolerance Policies” end with King County Grand Jury issuing 34 indictments against 51 police officers and public officials alleging payoffsrelated to gambling.

1972 Senate Joint Resolution approved by voters, allowing gambling activitiesby a 60% vote of the Legislature or voters.


Note 1952 it says supreme court says that a law allowing slots is unconstitional.

Can some of you law gurus tell me where in the constitution it says " Slots and gambling are bad "

If a local government passes a law saying slots are ok what is the problem.

Where does it say in the CONSTITUTION "gambling is evil"

TheEngineer 06-22-2007 02:17 PM

Re: History of Gambling in WA
 
It's referring to the constitution of the State of Washington. The case was State ex rel. Evans v.
Brotherhood of Friends. Check out http://www.wsgc.wa.gov/docs/background.pdf

TheEngineer 06-22-2007 02:24 PM

Re: History of Gambling in WA
 
http://www-dev.atg.wa.gov/opinion.as...ve&id=9188


B. Constitutional Definition of "Lottery."

The background of article 2, section 24, of the state constitution is the original language of this section in the 1889 Constitution: "The legislature shall never authorize any lottery or grant any divorce."

In a series of cases construing this language, the state Supreme Court found that this prohibition against lotteries was self-executing and that the term "lottery" was intended to have a broad meaning. The leading case in this regard is State ex rel. Evans v. Brotherhood of Friends, 41 Wn.2d 133, 247 P.2d 787 (1952), in which the court declined to interpret the intent of the state constitution to prohibit only "chartered" or "ticket" lotteries. Relying primarily on the broad meaning of the phrase "any lottery," the court stated:

We think that in Art. II, § 24, the framers of our state constitution intended to outlaw all lotteries. The policy inherent in the provision is a broad one, aimed not at specific kinds or types of lotteries operated by means of tickets, roulette wheels, or involving other particular methods of operation.

Id. at 147-148.

The court went on to find that slot machines were a form of mechanical lottery, first noting cases of other states so holding and then making the following observation:

We are firmly of the opinion that slot machines of the variety here involved, their operation--singly and collectively--are mechanical lotteries. The machines constitute mechanical devices which dispense with the necessity of tickets and salesmen, and possibly, other details--mechanical or otherwise--which are generally necessary in the operation of lottery schemes or plans. The scheme or plan involved, rather than any mechanical device employed, constitutes the gist of the question, and determines whether a particular operation constitutes a lottery.

Id. at 152, (italics in the original). The court therefore held unconstitutional a law which would have allowed slot machines in private or nonprofit clubs.

Skallagrim 06-22-2007 05:14 PM

Re: History of Gambling in WA
 
Engineer got it right for ya, I can add a few things though:

Poker is not a lottery - at least it shouldnt be. The 2 courts that are cited as having ruled poker a game of skill, essentially did this in the context of ruling poker was not a lottery and therefore not banned by these types of consitutional provisions. The 2 states are California and Missouri.

Around the turn of the century, private lotteries abounded in these United States. Contemporaneous with the temperance movement that gave rise to prohibition, saving people from alcohol went hand in hand with saving them from gambling, basically lotteries. A lot of western states became states at this time and thus included these kind of provisions in their state constitutions.

It is hugely ironic that now 70 -100 years later, the types of gambling that werent much of a concern back then, individual card games, are now considered illegal while lotteries, so long as they are run by the state, are available almost everywhere. States actually amended their consitutions to allow these lotteries....but kept their other gambling laws to stop you and me from playing cards for money.

Beam me up Scotty, theres no intelligent life down here.

Skallagrim

autobet 06-22-2007 05:38 PM

Re: History of Gambling in WA
 
[ QUOTE ]
The 2 courts that are cited as having ruled poker a game of skill, essentially did this in the context of ruling poker was not a lottery and therefore not banned by these types of consitutional provisions. The 2 states are California and Missouri.

[/ QUOTE ]

I think its California and Montana.

Do you think the Online offerings from Indian Gaming (the good legal, safe, nonaddictive kind of online gambling) will include poker?


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