GNS In The News

Lawyers Build Strong Case Against Poker

Attorneys shined a damning light on video poker Wednesday when they unveiled evidence they say illustrates rampant lawbreaking by operators. The lawyers want a judge to shut down the nearly $2 billion industry.

Core evidence against operators comes from hidden-camera pictures that showed possible violations in video parlors. And a survey revealed the damage to South Carolina's poker players. According to the survey, one in five South Carolinians can be classified as problem gamblers. African-Americans are the hardest-hit group.

We applaud the attorneys' diligence and thoroughness in gathering mounds of evidence against this lucrative business, which we strongly oppose.

"Our goal is to put them out of business because it is an unlawful lottery under our constitution," attorney Richard Gergel said.

Mr. Gergel, along with attorneys Pete Strom and Larry Richter, argue that poker operators have systematically broken laws in building their industry. Gergel said calls for various regulations and actions by the Legislature wouldn't be needed if existing laws were enforced.

He said he is astounded that such an industry was ever allowed here. Even more astounding to him is the degree to which the industry has grown. South Carolinians spend more dollars in these machines than they do purchasing gasoline for their cars, Mr. Gergel said.

In addition to contending that video poker is an illegal lottery, the attorneys said many operators routinely make payouts of more than the allowed $125 per sitting. Some of the evidence supporting that and other claims was captured by a private investigator wearing a hidden camera. He took photos to record the play in more than 200 video poker establishments. Hundreds of machines listed big prizes far in excess of the $125 limit, attorneys said. Also filed were affidavits by eight poker players who said they have won prizes of at least $1,100 at one sitting. For the survey, researchers interviewed people playing video poker in stores, bars and casino-style malls in each S.C. county. Well over 58 percent of the more than 400 poker players surveyed said they have won payouts higher than the $125 limit. One- third said they spent the last dollar in their pocket on video poker. Just over 5 percent said they have considered suicide at least once because of video poker.

The attorneys have asked for a preliminary injunction that would halt video poker gambling. U.S. District Judge Joseph Anderson could rule on the request in early 1998.

This latest case seems far better grounded than Attorney General Charlie Condon's sudden move last week to condemn video poker payouts and order arrests by local and state law enforcement. Mr. Gergel and his fellow attorneys, instead, are taking an approach that will be far-reaching and definitive.

They are building a strong argument based on sound strategy. We think they're making their case.

Reprinted from The State newspaper
December 12, 1997