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Kansas Supreme Court Rules Law against Gaming Machines Unconstitutional

Posted on April 11th, 2011

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The state Supreme Court recently ruled against a gaming law that prohibits the expansion of gaming machines into bars and other public establishments. According to the ruling, the law was broad enough that it also applied to other computer games, even ones as common and mundane as Twister and Chutes and Ladder, that it was already unconstitutional. The ruling came four years after the law was first passed in 2007 when Kansas legislators first sought to bring slot machines into dog and horse racing tracks but explicitly prohibiting them from being used anywhere else outside of these and the typical casino setting. The State Supreme court specifically targeted that specific provision of the 2007 law; it was supposedly included as a clarificatory line for the limits of the legislation but instead turned out to be too strongly worded that it now encompasses many other facets of computer gaming, not just the ones pertaining to gambling.

The ruling, further, does impact the status of slots in tracks within the state but the need to amend the provision could provide an opening for lawmakers to change the framework altogether. A challenge was initially forwarded against the outlawing of gray machines including enforcement rules that authorized the Kansas Lottery to seize them plus making it a felony for business owners to install such machines in public places. Gray machines were defined as any “mechanical, electro-mechanical or electronic device” that can be used for gambling and the felony charges would apply if the state lottery did not authorize the use of such machines in that fashion. Gaming outlets are also expected to be connected to the lottery central computer where they can be monitored, and a final provision that prohibits these machines from simulating the games played on a gambling terminal.

In the opinion written by Justice Eric Rosen, any computer would qualify under the definition of the law, even the ones used by the Supreme Court to write their opinions. “Telephones can be used for making or placing bets,” said Rosen in his ruling. “Both ‘Chutes and Ladders’ and ‘Twister’ children’s games use spinners, which are mechanical devices and which can, of course, be used for gambling.” Kansas has a long history of prohibiting the use of non-lottery gaming machines in public places, businesses, pubs and bars. The mere possession of these machines alone has been declared illegal by state law before 2007. The biggest difference said Rebecca Rice who represents Terry Mitchell, David Dissmeyer, and Lester Lawson, is that the older laws had a more precise definition of gambling machines and required the state to carry the burden of proof in determining whether the machines are indeed used for gaming.

The 2007 version does not require that burden on the state. Simply put, “everything was outlaws,” according to Rice. The state judicial system, in general, was split on the issue. A 2009 ruling by Shawnee County District Judge Charles Andrews concluded that the 2007 law was adequately matched with the old law and that the definition of gambling devices was the same ones used prior. To this, Justice Rosen wrote that the newer “law was clear on its face and few or no devices, tools or machines are legal” if they are introduced into public settings. Referring to the potential window for lawmakers to revise the legislation, Rice said there was no need since the old gambling laws were still in effect and were not repealed with the passing of the 2007 law. “Hopefully, they’ll leave it alone,” she said.

Even legislators are split on the issue. Some say the best course of action is to wait for next year before doing anything with the law so they will have time to look through it thoroughly. If everyone goes by the book, however, the lawmakers could begin tackling it by April 27 when the session resumes from the annual spring break. This will be the last pass through for the business year and has to deal with all the critical legislation put forward. The GOP leaders in both chambers have limited themselves to not discussing gaming related issues but a rewrite for this critical bill would certainly put gaming back on the state’s legislative agenda.