A few questions about 86ing...

Discussion in 'General' started by FrankieT, Oct 4, 2011.

  1. FrankieT

    FrankieT Well-Known Member

    If you've been 86ed (read the trespass act) and come back to a casino, do they have the right to detain you (and call the cops), or do they have to give you the option to leave?

    If you do go back and start playing, do they have the right to withhold a jackpot or any winnings should they "suddenly find out" you were 86ed? Lets say for example you hit a large jackpot on the LL; obviously there's a good chance that you are going to be IDed for tax purposes, and then they'd find out you were 86ed.

    I've never been 86ed yet, but was just wondering if the situation should arise.
  2. kewljason

    kewljason Well-Known Member

    What jurisdiction are you speaking of?

    It is my understanding here in las vegas that The threat of being arrested for trespassing is really a bunch of hogwash casinos use to try to intimidate you. In the Wilkinson Case back in the 70's, the judge ruled that the patron had to be given the opportunity to leave, even if he/she had previously been read the trespass act. Upon returning each and every time the patron must be given the opportunity to leave prior to being detained.

    A more recent case, won by Bob N against Jerry's Nugget, goes even further to state that the casino's do not even have the right to eject players without cause, meaning players deemed as advantage players, or "to good for us" as the casinos like to say, cannot be ejected from the casino, only told they can't play the game.


    Again, this is the law in Vegas. Not sure what area you were requesting info about. And even here, with this being the law, that doesn't mean the casinos will actually follow the law, without you spending time and money to force them to. And really there is no benefit to do so as they can still deny you the opportunity to play the game.
  3. Wizard

    There is no clear cut answer. If you are on the Rez., as I take it you mostly are, it depends on whether the Tribe has their own police force, or hires it out to the local sheriff. I know the ones with their own police and jail are very capable of arrest and fine and lock up. Those that have the local police on hire usually ban from all games but slots, unless you were violent.

    Yes, if you win a jack pot you are very liable to have the money withheld since you are there illegally and this has happened to players.

    To be Trespassed is a very bad thing and I suggest you go out of your way to avoid it.

  4. QFIT

    QFIT Well-Known Member

    The second part of the question is the more important, in my mind. In LV, they do have the right to tell you that you cannot play. If you decide to play anyhow, then it can be easily argued that they have the right to not pay winnings. Particularly important for a game like VP. You can argue that they purposely let you play knowing they would refuse to pay winnings but accept losses. But, that’s a difficult argument and could result in a lot of cost and time.

    Disclaimer: IANAL
  5. kewljason

    kewljason Well-Known Member

    Seems to me Bob N addressed this a bit on last weeks show. He stated something to the effect that by dealing the cards the casino "accepts" your wager and then must pay that wager even if you are not permitted to play that game. I took it from the way his said it, that was only his professional opinion, not something that has been tried and proved. Also wonder how that would translate into machine play. :confused:
  6. QFIT

    QFIT Well-Known Member

    Bob’s a lawyer and I’m not, and he's a specialist at that. But, if you are playing a machine that you have been legally warned you cannot play, or play BJ with a disguise, or even look a bit different, and they have a video of you being T’ed, it sounds like a tough argument. And I believe they can hold a Royal Flush payoff until a ruling says otherwise.
  7. There's a difference between being banned by the casino and being on the state exclusion list. If you are self-banned you cannot receive a jackpot, but the casino cannot keep it. (I don't know what would happen if you won a jackpot on an involuntary exclusion list like they have in NJ, but that's got to be a rare situation.) A state-run casino cannot keep your winnings just because they told you not to come back before- they took your money and the bet is legal. But a tribal casino could possibly keep your money- the only thing restraining them is bad press.
  8. blacksheep

    blacksheep Member

    So what happens to the money then? If you can't keep it, and the casino can't keep it, who gets to keep it?
  9. QFIT

    QFIT Well-Known Member

    I can no longer see AM's posts, but there exists an old maxim, ostensibly by Thomas Draxis in 1616, that possession is nine points of the law. It isn’t a de jure law anywhere. It’s just de facto. That is, it is what actually happens as opposed to what should happen. In AP play, I am more interested in what does happen than what should happen. If someone has something that you have a right to, you are the one that has to fight for it. And that fight may require large amounts of money and time, no matter how good your case or cause. So, in the case of a jackpot that requires someone to come out of the woodwork and pay you, they have the money. And, rightly or wrongly, they can hold it. So, in answer to your question, the casino keeps it.

    I’m talking reality, not right-or-wrong. If you have been T’ed, keep your buy-ins small, don’t carry large numbers of chips, and don’t make bets with large ratio payoffs.
  10. AussiePlayer

    AussiePlayer Well-Known Member

    Everyone always says, when you get the tap, grab your chips and head straight for the door. Can the casino stop you from coming back later to cash those chips in? Or can they refuse to cash them for you?
  11. bj21abc

    bj21abc Well-Known Member

    That's a good question.

    If the casino is acting belligerent - will they let you grab all your chips as you walk away ?

    I assume that if they are mostly black chips, they should be easy to cash out at another store...

  12. Wookets

    Wookets Well-Known Member

    They might try to refuse. Just give them to a friend and let them do it if there's any doubt.
  13. FLASH1296

    FLASH1296 Well-Known Member

    I lost the link, but a Choctaw casino in Philadelphia, MS (I believe)
    took ALL of an alleged Card Counter's chips from him, NOT just his
    winnings, and ejected him from the premises.

    Of course, he has NO recourse in dealing with a sovereign nation
    outside of normal state / municipal jurisdiction.
  14. blackjack avenger

    blackjack avenger Well-Known Member


    Any idea his bet size or the amount of chips?

    Seems the minimal buy in argument has some merit.
  15. FLASH1296

    FLASH1296 Well-Known Member

    "Seems the minimal buy in argument has some merit."

    Huh ?
  16. blackjack avenger

    blackjack avenger Well-Known Member

    Referencing recent threads:
    How not to be a target, of robbery
    How much to buy in for
    How much to cash out

    More anecdotes supporting minimal buy ins.
  17. Sucker

    Sucker Well-Known Member

    Canada is a sovereign nation. So if I go into a business in Canada and the business owner robs me or commits some other crime against me, that means that I have NO recourse? :rolleyes: Why is that so many of the senior members of this forum insist on painting such a dire picture of a person's legal rights while on an Indian reservation?

    While it's true that you may encounter more difficulty; it's ABSURD to say that you have NO recourse. Fact is; there have been HUNDREDS of successful lawsuits against Indian casinos.
  18. Canada is a sovereign nation under rule of law. Some reservations are run that way, and on others all that exists of the tribe and its government is the casino. The Cherokees just expelled all of their Negro tribal members; does that sound to you like a system under which you or I could expect to be treated fairly?

    Also do not mix criminal and civil law. No they cannot get away with robbing you in an Indian casino. Failing to pay a jackpot is a civil matter and your rights are much more limited.
  19. FLASH1296

    FLASH1296 Well-Known Member

    Canada has a long-standing treaty with the U S A re: jurisprudence in civil / criminal matters.

    Therefore, an American can receive due process in a Canadian court and vice versa.

    There is no avenue to bring a lawsuit or so much as issue a summons on a reservation.

    The U S Supreme Court, (about 30 yrs. ago), ruled (unanimously) that even commonplace

    constitutional rights do NOT extend to incidents occurring on sovereign native land.

    Sucker's statement: " ... there have been HUNDREDS of successful lawsuits against Indian casinos."

    is absolutely, positively, utterly, unreservedly false.

    Note: Lest you imagine that I am prejudiced, my wife is part Cherokee.

  20. Sucker

    Sucker Well-Known Member

    You're putting words into my mouth - I was referring the criminal act that Flash mentioned, in which a card counter was robbed by the Silver Star casino, and his statement that the person had NO recourse. On the subject of CIVIL law; of COURSE I agree that it's harder to sue Indians in Tribal Court than stateside, but it's nowhere NEAR hopeless. I personally know two different people who have won their cases against Indian casinos.

    If you don't believe this - all you have to do is just Google "Indian casino lawsuits" - you may learn something!

    Most American Indians are just like anyone else - honorable, fair-minded people, and will do the right thing. They are not the savages that some of you guys seem to be portraying. :whip:

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