Supreme Court justices hear arguments in gaming machine seizures

Matt Moore

Thursday, Aug. 17, 2000 | 9:29 a.m.

JACKSON, Miss. - The Mississippi Gaming Commission has asked the state Supreme Court to uphold lower court rulings that say amusement devices that play like slot machines are gambling devices and should be regulated.

The decision could have far reaching consequences on the spread of such devices.

Mississippi Gaming Commission attorneys Wednesday asked justices to uphold the law, claiming the gaming machines in question are designed to be more at home in unregulated arcades and country stores than on casino floors.

Without such regulation, there could be a proliferation of the machines statewide and children will be able to play the games without their parents knowing, said commission attorney Joan Myers.

"In a casino, you have to be 21 to play. It will have the effect of legalizing gambling all across the state," she said. "It invites corruption."

"This machine is purely a game of chance," said Myers. "The Gaming Commission will not seize any machines that are based on skill."

Attorneys for Frank's Amusement, General Amusement, the Tri-County Game Room and others argued the Gaming Commission, and the law, go too far in what defines gaming machines.

"The video game industry has leapfrogged this statute," said John Cox III, a Greenville attorney. "This is a far reaching case."

The core issue is whether the machines provide a payoff, monetary or otherwise.

Machine supporters contend the devices do issue tickets, and credits to winners, and but there's no way to exchange the tickets or redeem the credits for cash. Critics say that's not entirely true, that some operators could take the credits and exchange them for cash.

Daniel K. Tucker, a Booneville attorney arguing in opposition to the Gaming Commission, said the only payoff offered by the games is more credits to play them.

"Our position is you've been entertained if you had a payoff," he said.

Myers said the machines - which can be found in general stores, truck stops and elsewhere - are tantamount to gambling devices because they offer players the chance two win by luck, not skill.

She said traditional video games are more skill-based.

A final ruling isn't expected for at least six months to a year.