COLUMBIA, S.C. - 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