Automatic Monkey said:
That would never pass a Federal court review. Wheelchair users are a Federally protected class.
Here (see paras 4-8) -
EXCERPT FROM -
ADVANTAGE PLAY AND COMMERCIAL CASINOS
http://www.gaminglawmasters.com/mslj/01-CABOT.htm (Archive copy)
Anthony Cabot*
Robert Hannum**
Category Four Advantage Play:
Acquiring Knowledge Not Available to Other Players that Provides an Advantage in Determining or Predicting What Was Intended to Be a Random Event
Contractual Enforcement
All contracts include an implied covenant of good faith and fair dealing.[356] This covenant should be involved whenever an advantage player decides that he or she will deliberately attempt to acquire knowledge not typically or readily available to other players that provides an advantage in determining or predicting what was intended to be a random event. After all, the basic foundation of the contract itself is that the winner and loser will be determined by a random event. In this case, the player is attempting to learn, in advance, in part or whole, the random event. The covenant requires that neither party to a contract do anything that will injure the right of the other party to receive the benefits of their agreement.
The probability of winning or losing at a certain casino game is predefined and that information is readily obtainable to anyone who wants to know.[357] On one hand, cheating would obviously violate the covenant. For example, it does not take a skilled mathematician to determine that the odds of rolling a seven in craps is 1 out of 6. Therefore, it follows that if either party to the gaming contract tried to change these odds through advantage play, e.g., the patron used loaded dice or engaged in “dice sliding,” that party would be injuring the right of the other party to receive the benefits of their agreement. Likewise, acquiring knowledge not typically or readily available to other players that provides an advantage in determining or predicting what was intended to be a random event has the same practical and mathematical effect. Both involve the patron using deliberate methods to alter the outcome of the contract by either altering the random event or learning information upon which the result is based to gain an advantage over the casino. Thus, by attempting to change the odds or learn of the results of a random event occurring or not occurring, advantage play would violate the implied covenant of good faith and fair dealing.
Legality
As scienter or fraudulent intent is an element of cheating,[358] should the law criminalize activity where the player simply acts upon information exposed where he or she did not enter the casino with intent to fraudulently obtain and act on this information? The latter is the case where a typical player sitting at the table learns of the value of the dealer's hole card because the dealer makes an error in exposing the card.
Hole-carding professionals and teams are much different than where a player, without fraudulent intent, learns the dealer's hole card because of “a dealer's unintended revelation of his cards.”[359] Here, cheaters play the game with the intent of learning the dealer's hole card by undertaking some act to either learn the hole card where the dealer is properly protecting it or by using the hold card techniques that accentuate poor dealing. Note, for example, this quote from an interview with a hole carder:
Another cute ruse, I used a few times in the `80s, is posing as a wheelchair-ridden muscular-dystrophy victim during the week of the Jerry Lewis telethon. I'd roll up to the table, eyes level with the felt. Using spasmodic movements and twisted posture I announce in a strained voice that I was the 1964 Jerry Lewis Muscular Dystrophy “poster boy.” Of course the primary reason for the act was to have my eyes level with the felt to be able to see the dealer's hole card flashing with each round.[360]
Therefore, attempting to acquire knowledge not typically or readily available to other players that provides an advantage in determining or predicting what was intended to be a random event should be illegal and unenforceable if the player uses any artificial or deliberate means to gain the advantage such as mirrors or spotters.
An argument can be made that a typical player that learns of the dealer's hole card because of a dealer's error is no less of a thief than a person who cashes a $100 check and knowingly keeps the extra $900 when the bank clerk mistakes it for $1000. In theory, the player that uses such information forms a fraudulent intent when he or she uses the information to gain the advantage created by the mistake. Moreover, using a person's mistake to that person or his or her employer's disadvantage is unethical.
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*Anthony Cabot is a partner in the law firm of Lewis and Roca, with offices in Las Vegas, Phoenix, Tucson and Albuquerque. His practice emphasis is on gaming law. He is the president and was a founding member of the International Masters of Gaming Law Association, a worldwide organization of prominent gaming attorneys devoted to the on-going education of and communications within the gaming industry. Mr. Cabot is the co-Editor-in-Chief of the Gaming Law Review. He is the founding editor of The Internet Gambling Report Vll (2004), covering the evolving conflict between technology and the law. Mr. Cabot authored Federal Gambling Law and Casino Gaming: Public Policy, Economics and Regulation, a 527-page book covering all aspects of casino gaming. He coauthored Practical Casino Math and is co-editor and contributing author of International Casino Law. Mr. Cabot is listed in Best Lawyers in America.
** Robert Hannum is Professor of Statistics at the University of Denver, where he teaches probability and statistics, with particular interests in the mathematics of gambling, the business of commercial gaming, and data mining. His publications include the books Practical Casino Math and Introductory Statistics: A Self-Study Manual, as well as numerous articles in statistical, gaming, and law journals, including Annals of Probability, Annals of Statistics, John Marshall Law Review, Sociological Methods and Research, International Gambling Studies, Quantity and Quality in Economic Research, Finding the Edge: Mathematical Analysis of Casino Games, and Global Gaming Business.
http://www.gaminglawmasters.com/mslj/01-CABOT.htm (Archive copy)