Of interest to all that enter a casino, is the question, "can I be excluded from getting my fix?" Or in the case of the professional gambler or poker player, "can I be excluded from earning a living in a certain casino?" I say fix because most will not admit it but until they cross-over and become a pro gambling is an addiction. The bets are the fix, and just like a crack-head chases that first high, the non professional gambler chases all previous losses. Mr. Pachino put it best in the movie where he owned a sports betting company and he explained to his young understudy that the best clients want to lose, why?, because they love the thrill of the come back.
As we learned in the "Uston v Resorts" posting (click label to the left) in the third ¶ at subsection (B) the casino's indoctrinate their agents into thinking that they have the power or should I say the authority conveyed upon them by being an agent of the casino, to evict anyone they please. Many times this false sense of power causes the problem. For argument sake lets imagine a female security officer see's a female casino patron walk into the casino wearing the same red dress that the security officer just spent $600 on, and was planning on wearing it to the fight at the casino next door after she got off work. What if the security officer knows this patron. Lets go so far as to say the female patron walked in the door with the female casino security officers ex. You know it's on and its about to "pop off" as those "Bad Girls" say. (See Bad Girls Club on the Oxygen Network)
The female security officer thinks to herself, "No this bi#@! didn't," she knows that soon as she approaches the patron, she (the patron) will get loud and start swinging her arms around, more than three times in a circle, and bingo! The camera will have that ass the female security officer thinks. She further thinks to herself "I can put this man eater outta here, I better get back-up," and reaches for her radio before the poor girl can take another step. The female security officer thinks this way because of her training. In New Jersey, her employer the casino knows that the Commission will side with them, we saw that in Uston, where the case clearly stated: "The Commission upheld Resorts decision to exclude Uston. Relying on Garifine v. Monmouth Park Jockey Club, 29 N.J.47 (1959), the Commission held that resorts enjoys a common law right to exclude anyone it chooses." That's where they stop. In training their agents the casino have to be telling these officers, look you work for me and as long as you are on this property, which is privately owned, you have the power as my security force to uphold the law and prevent crime in this establishment.
And the casino security officers, under this spell, wonder around the casino with this one magic and awaiting bullet tucked away in their shirt pocket like that famous deputy from the old black and white television sitcom we all love, The Andy Griffith Show. Poor Barney yearned to use that bullet, but Andy was smart enough to only give him that one. Look around the next time you're in a casino, there will be more than one, but the question is which one is itching to use his or her bullet today. Ladies, think twice about wearing that red dress, especially if you know you're delving in OPP.
What does the law really say though? To find out one must read an entire case so that he or she understands the full context of all the circumstances. You can't just pull out and cite what you want thinking, "this case say this and that case says so-and-so, I'm going to beat this case." NOT! Go back to why we are here today. Uston clearly says in the part they will leave out that: "as long as the exclusion does not violate state and federal civil rights laws." So baby-girl casino security officer has got it twisted, and her employer should have further informed her that she cannot violate any state or federal civil rights laws. What laws you ask?
- The Constitution of the United States, Preamble states: "WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America."
- The Constitution of the United States, Amendment Article [IV] states: "The right of the people to be secure , in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the person or things to be seized."
- The Constitution of the United States, Amendment Article [V] states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger: nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- The Constitution of the United States, Amendment Article [VI] states: "In all criminal prosecution, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
- The Constitution of the United States, Amendment Article [VII] states: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in and Court of the United States, than according to the rules of the common law."
- The Constitution of the United States, Amendment Article [XIV] Section 1, states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws."
- The New Jersey Constitution of 1947, Preamble states: "We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, to ordain and establish this Constitution."
- The New Jersey Constitution of 1947, Article I Section 1 Natural and unalienable rights states: "All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.
- The New Jersey Constitution of 1947, Article I Section 5 Denial of rights; discrimination; segregation states: "No person shall be denied the enjoyment of any civil or military right, nor be discriminated against in the exercise of any civil or military right, nor be segregated in the militia or in the public schools, because of religious principles, race, color, ancestry or national origin.
- The New Jersey Constitution of 1947, Article I Section 7 Freedom from unreasonable searches and seizures; warrant states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the papers and things to be seized.
- The New Jersey Constitution of 1947, Article I Section 10 Rights of persons accused of crime states: In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel in his defense.
- The New Jersey Constitution of 1947, Article I Section 13 Imprisonment for debt or militia fine states: "No person shall be imprisoned for debt in any action, or on any judgment founded upon contract unless in cases of fraud; nor shall any person be imprisoned for a militia fine in time of peace.
- The New Jersey Constitution of 1947, Article I Section 21 Saving clause states: "This enumeration of rights and privileges shall not be construed to impair or deny others retained by the people.
- The New Jersey Constitution of 1947, Article 4 Section 7, ¶ 9, (8) respectively holds: "The Legislature shall not pass any private, special or local laws: (8) Granting to any corporation, association or individual any exclusive privilege, immunity or franchise whatever."
- N.J.Stat. 5:12-121 Authority of gaming licensee and agents to detain or question persons suspected of cheating; immunity from liability; posted notice required states: "(a) any licensee or its officers, employees or agents may question any individual in the casino or simulcasting facility reasonably suspected of violating any of the provisions of sections 113 through 116 of P.L. 1977, c. 110 (C. 5:12-113 through 116) or of section 46 of P.L. 1991, c. 182 (C. 5:12-113.1). No licensee or its officers, employees or agents shall be criminally or civilly liable by reason of any such questioning. (b) Any licensee or its officers, employees or agents who shall have probable cause for believing there has been a violation of sections 113 through 116 of P.L.1977, c.110 (C.5:12-113 through 116), section 46 of P.L.1991, c.182 (C.5:12-113.1), section 118 of P.L. 1977, c.110 (C.5:12-118), section 119 of P.L. 1977, c.110 (C.5:12-119) or R.S.33:1-81 pursuant to subsection d. of section 103 of P.L.1977, c.110 (C.5:12-103) in the casino or simulcasting facility by any person may refuse to permit such person to continue gaming or wagering or may take such person into custody and detain him in the establishment in a reasonable manner for a reasonable length of time, for the purpose of notifying law enforcement authorities. Such refusal or taking into custody and detention shall not render such licensee or its officers, employees or agents criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention, unless such refusal or such taking into custody or detention is unreasonable under all of the circumstances. (c) No licensee or its officers, employees or agents shall be entitled to any immunity from civil or criminal liability provided in this section unless there is displayed in a conspicuous manner in the casino and, if applicable, the simulcasting facility a notice in bold face type clearly legible and in substantially this form: "Any gaming licensee or officer, employee or agent thereof who has probable cause for believing that any person is violating any of the provisions of the Casino Control Act prohibiting cheating or swindling in gaming or simulcast wagering, underage gambling, underage drinking, the unauthorized presence on the casino floor or simulcasting facility by an underage person, or the presence in the casino establishment of a person excluded pursuant to the provisions of section 71 of P.L.1977, c.110 (C:5:12-71), may detain such person in the establishment for the purpose of notifying law enforcement authorities."
Now I, to must conform to the law, and the laws of blog posting say that I should keep my postings short and sweet. So I will be back with part two of "Exclusion of Patrons by a Casino," later on. Till then be safe and Happy and Knowledgeable gaming!