GAMING
The act or practice of gambling; an agreement
between two or more individuals to play collec-
tively at a game of chance for a stake or wager,
which will become the property of the winner and
to which all involved make a contribution.
Since the early 1990s, gaming laws have been
in a constant state of flux. Regulation of gaming
is generally reserved to the states, but the U.S.
Congress became involved in it in 1988 with the
passage of the Indian Gaming Regulatory Act
(Gaming Act) (Pub. Law. No. 100-497, 102 Stat.
2467 [25 U.S.C.A. § 2701 et seq.] [Oct. 17,
1988]), which brought tribal gaming under the
regulation of state and federal governments.
Before the 1990s, most gaming was illegal in
a majority of states. Since the passage of the
Gaming Act, many state legislatures have
approved gaming in a variety of forms. Some
states still outlaw all but charitable gambling,
but most have expanded their definition of legal
gaming operations to promote economic devel-
opment.
The LEGAL HISTORY of gambling in the
United States is marked by dramatic swings
between prohibition and popularity. In colonial
times, games of chance were generally illegal
except for state and private lotteries. Other gam-
ing was considered a sin and not fit for discus-
sion in polite society. In the early nineteenth
century, the popular belief changed from seeing
gaming as a sin to seeing it as a vice. Gamblers
were no longer considered fallen in the eyes of
God but were now seen as simply victims of
their own weaknesses.
Gaming came under renewed attack during
the presidency of ANDREW JACKSON (1829–
37). Part of the “Jacksonian morality” of the
period revived the view of gambling as sinful.
By 1862, gaming was illegal in all states except
Missouri and Kentucky, both of which retained
state lotteries.
After the Civil War, legal gaming experi-
enced a brief renaissance, only to fall out of
favor again in the 1890s. At this point, it was
outlawed even in the western territories, where
card games such as poker and blackjack had
become a regular diversion in frontier life. By
1910, the United States was again virtually free
of legalized gaming. Only Maryland and Ken-
tucky allowed gambling, in the sole form of
horse race betting.
In 1931, Nevada re-legalized casino gaming.
Many states followed this lead in the 1930s by
legalizing pari-mutuel betting, wherein all bets
are pooled and then paid, less a management
fee, to the holders of winning tickets. In 1963,
New Hampshire formed the first STATE LOTTERY
since the 1910s. By the 1990s, gaming was the
largest and fastest growing segment of the U.S.
entertainment industry. In 1992, for example,
U.S. citizens spent approximately four times
more on gaming than on movies. Gaming is still
illegal in some states, but most states have at
least one form of legal gambling, most com-
monly a state-run lottery. In fact, instead of pro-
hibiting gaming, many states now actively
promote it by sponsoring lotteries and other
games of chance.
Gaming laws vary from state to state. Idaho,
for example, declares that “gambling is contrary
to public policy and is strictly prohibited except
for” pari-mutuel betting, bingo and raffle games
for charity, and a state lottery (Idaho Const. art.
III, § 20). Like lotteries in other states, the pur-
pose of the one in Idaho is to generate revenue
for the state. The lottery is run by the Idaho State
Lottery Commission, which oversees all aspects
of the game, including expenses and advertising.
In addition to lotteries, some states with
direct access to major river systems or lakes
expanded their venues for gaming to include
riverboats. On July 1, 1989, Iowa became the
first state to authorize its Racing and Gaming
Commission to grant a license to qualified
organizations for the purpose of conducting
gambling games on excursion boats in counties
where referendums have been approved. Illinois
quickly followed Iowa with its Riverboat Gam-
bling Act (230 ILCS 10), which went into effect
on February 7, 1990. Four more states subse-
quently passed legislation permitting licensing
for riverboat casinos: Indiana, Louisiana,Missis-
sippi, and Missouri. Some riverboat gambling
vessels are permanently docked while others
embark on brief cruises and return to their
docks after several hours of gaming, dining, and
entertainment for passengers.
Alabama is one of the few states that pro-
hibit all gambling except for charitable gaming.
Alabama maintains no state lottery and pun-
ishes gambling through criminal statutes. Under
the Code of Alabama, sections 13A-12-24 and
13A-12-25 (1975), the possession of gambling
records is a class A misdemeanor, which carries
a penalty of not more than one year in jail or a
$2,000 fine, or both.
Nevada is the most permissive state for gam-
bling. Its public policy of gaming holds that
“[t]he gaming industry is vitally important to
the economy of the state and the GENERAL WEL-
FARE of the inhabitants” (Nev. Rev. Stat.
§ 463.0129). Nevada statutes allow the broadest
range of gaming activities, including pari-
mutuel betting, betting on sports competitions
and other events, and the full panoply of casino
games. Gambling is heavily regulated by the
Nevada Gaming Commission, and a wide range
of criminal statutes are designed to ensure coop-
eration with the regulations of the commission.
New Jersey is another active promoter of
gaming. In 1976,New Jersey voters passed a REF-
