Posted on Sat, Jan. 10, 2004


McMaster says he wants court to clarify its ruling


Associated Press

State Attorney General Henry McMaster said he plans to ask the South Carolina Supreme Court to issue a clearer ruling about the powers of judges in deciding whether certain video gaming devices are legal.

The high court ruled Friday that Chess Challenge II machines are illegal and can be seized by state police. The ruling overturned a Circuit Court decision.

However, the court fell short of banning judges from declaring certain machines legal. State law and other Supreme Court rulings have said games must be judged machine by machine.

However, in at least two cases since video gambling was outlawed in 2000, Circuit Court judges have ruled a whole group of machines were legal.

The State Law Enforcement Division had asked the high court to curb the ability of Circuit Court judges to do that with this case. But the high court simply ruled that the Chess Challenge II machines were games of chance, not skill, and illegal under state law.

"We're going to pursue the appeal vigorously to get the procedures clear so we don't have to keep fighting these skirmishes," McMaster said.

SLED Chief Robert Stewart said the quick action by the justices to block a lower-court judge "sends a strong message that these declaratory judgments where a whole class of machines are declared legal will not stand."

Information from: The State





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