Legality of state’s e-gaming tables questioned
ALBANY — The Assembly failed to pass legislation before ending its 2009 session that would have authorized racetrack-based casinos to offer new electronic table games, such as 21, as a way of luring more gamblers.
But that is not stopping Gov. David A. Paterson’s Lottery Division from moving ahead with plans for the games anyway.
“By offering more gaming options, people will choose to stay at our casino rather than go to play craps or 21 or whatever the table games might be at other casinos,” said Jennifer Givner, a lottery spokeswoman.
Lottery officials announced their plans at a gambling conference in Saratoga Springs on Tuesday — just hours after the Assembly ended its session without taking up the bill. The Senate had earlier approved the measure.
Lottery officials believe they are on sound legal ground to offer the controversial devices, which critics say add another potentially addictive gambling offering in a state that has seen its reliance on state-sanctioned gambling explode over the past decade.
Cornelius Murray, an Albany lawyer whose cases include trying to stop the Senecas’ Buffalo casino operation, said the games may be illegal. “The lottery is supposed to be an even chance for all New Yorkers to win whether you are a genius or an idiot,” he said Wednesday.
But if these devices feature gamblers making decisions that affect the outcome of the game, then they are illegal, Murray said.
“The key is whether the player is making a decision in which the outcome is anything other than pure chance,” he said.
The devices would be permitted at eight racetrack casinos in the state, including the casino at the Hamburg Fairgrounds and the harness track in Batavia. Lottery officials say they do not yet know how many devices might be permitted at each track or when they could be installed.
Givner said there would be no legal reason not to offer the games.
“Electronic table games are considered predominantly games of chance,” Givner said. “That’s why games such as 21, roulette and craps are among the games we’re considering.” Such games, she said, are “not predetermined” when it comes to winning.
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