Coin Slot

Issue: 1981 March 073

Coin Slot Magazine - #073 - 1981 - March [International Arcade Museum]
KERMIT A.
A
PROFESSIONAL
DOUCET
LAW
CORPORATION
1000 LAFAYETTE - P. O. BOX 3995
LAFAYETTE.
OFFICE 232-O4O5
LOUISIANA 7O5O2
AN OPEN LETTER TO ALL COLLECTORS
In Louisiana we have made a sincere effort to "legalize" our
hobby of collecting antique slots and other antique gambling devices.
As
an attorney and collector, I have worked hard and diligently to legislate
the legality of our hobby.
Our first efforts were in 1979.
Our proposed bill passed
the Senate unanimously but was killed in Committee in the House.
In 1980
our proposed bill passed through the legislature unanimously but was ve
toed by our new conservative governor after the close of the legislature!
After that things went from bad to worse. We are now waging our battle in
the Courts.
Pat Brown, a Louisiana collector, had his 1 cent Columbia
seized by the local police pursuant to present Louisiana law making same
contraband.
He has filed a suit seeking the return of his machine and
has challenged the constitutionality of the present Louisiana law which
give the police "carte blanche11 to seize and destroy slots without pro
viding the owner any relief in the courts or other legal process.
The local District Court and 1st Circuit Court of Appeals
both held the present Louisiana law unconstitutional as violative of the
"Due Process" clause, i.e., the law failed to provide remedies for relief
by the property owner when said slot machine was not used for gambling
purposes and was an antique collectible.
Unfortunately the Louisiana
Supreme Court in a 5/2 decision reversed and declared the Louisiana law
constitutional and ordered the summary destruction of slots etc. without
allowing the owner his day in court, whether the slots were used for gam
bling purposes or antique collectibles.
In other words, slots are "contra
band
and the owner of same cannot avail himself of any legal remedy to
prevent their summary destruction.
Mr. Brown has incurred a substantial amount of legal expense
in his fight to regain the possession of his slot machine and to confer on
our hobby the respect, legality and dignity it deserves.
He wants to con
tinue his fight to the United States Supreme Court (USSC).
However this
is an expensive process.
IF THIS MATTER IS HEARD BY THE USSC THEN A FAVORABLE OUTCOME
WOULD BENEFIT OUR ENTIRE HOBBY NATIONWIDE.
IT COULD LEGALIZE OUR HOBBY IN
ALL STATES THAT HOLD IT ILLEGAL AT PRESENT AND COULD LIBERALIZE THE "LEGAL
STATES".
WE NEED YOUR HELP.
PLEASE ASSIST US IN OUR FIGHT.
TRIBUTIONS OF $5,
$10 OR MORE WOULD BE GREATLY APPRECIATED.
LAFAYETTE STREET,
LAFAYETTE,
ANY CON
ALSO WE WANT
TO BE HEARD AND PERHAPS SHOULD VOICE ALL OF OUR OPINIONS TO THE USSC.
ALL CONTRIBUTIONS TO THE "PAT BROWN FUND", c/o KERMIT A. DOUCET, 1000
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© The
International
MARCH
1981 Arcade Museum
LOUISIANA
70501.
SEND
THANKS.
SRMIT A.
DOUCET
http://www.arcade-museum.com/
THE COIN SLOT - 19
Coin Slot Magazine - #073 - 1981 - March [International Arcade Museum]
Protested
Raids on Gambling
Continued from page 18
because they said they were entering the lodges to
check liquor licenses, confiscated five draw poker
machines, one high-low poker machine and four slot
machines, none of which were set up to disgorge
money. The machines, some of which took several of
ficers to carry away, were loaded into police vans and
paddy wagons, and impounded in Rockville.
Mere possession of slot machines in Maryland is
punishable by up to one year in jail and 1,000 fine.
Last October Maryland Attorney General Stephen
Sachs issued a ruling that redefined "slot machine" to
include machines that didn't pay the lucky players off
with the customary upheaval of change.
Montgomery County police, prompted by the ruling,
and by a tip, closed in on machines in the fraternal
lodges after a brief investigation. "As soon as we found
out about the machines we took 'em," said Lt. James
Elkins, director of the county police department's
Special Investigations Division. "It's to let people know
that if they're engaged in illegal activity, they'll have to
pay the price.
The raids mystified some clubbers and left other in
dignant. "It's just ridiculous," huffed David Stevens,
manager of the 300-member American Legion of
Rockville where police lugged away two gambling
machines. "The American Legion does not have any
gambling. All the machines are video machines.
They've been there three years. We've had police of
ficers that played them. We don't try to hide them.
Montana Introduces Act
To Amend Current Law
DAN YARDLEY
Introduced By
form of credit for points scored and then would be able
to cash it in for money with some members of the club."
American Legion Hall manager Stevens said, "I've
given turkeys and gift certificates away for so many
points," but emphasized that money never changed
hands.
"They asked us for a payout sheet," said Smith from
the Eagle's Eyrie, No. 3230 on Washington Avenue in
Rockville. "I said we couldn't afford to have one." The
Eagle's slot machine had stood beside two pinball
machines, the juke box, and a game of Space Invaders.
The shriek of demolished space ships sounded in the
background. "The machines were just for fun," Smith
said. "Some one's playing Space Invaders now."
machine, apparatus, or instrument is brought pursuant
to 23-5-121 must, if there is a prisoner and if he holds
such prisoner, cause the machine, apparatus, or instru
ment to be delivered to the county attorney to be used
prisoner or it the magistrate does not hold the prisoner
A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZ-
THE
tion has not been completed. But police spokesman
Nancy Moses said that people who played the
machines at the various clubs "would receive some
as evidence on the trial of such prisoner. If there is no
House Bill No. 176
ING
(County executive Charles) Gilchrist is a member of
this post. The people are very respectable."
"We were really surprised," said Buddy Smith, a
trustee of the Fraternal Order of the Eagles, a
brotherhood of some 300 bankers, businessmen,
drywallers and various workers who put on dances for
charity and prepare Christmas baskets for the needy.
Police lugged off one slot machine that the lodge had
had for three years. "No money came out of the
machine," Smith said. "It wasn't gambling. It was for
amusement only. We have state senators coming down
here all the time. Gilchrist was an honorary member."
Police have filed no charges yet, and the investiga
POSSESSION
OF
ANTIQUE
SLOT
MACHINES: AMENDING SECTIONS 23-5-104 AND 23-
5-122, MCA."
and no one contents that the slot machine is an anti
que, the magistrate must cause the immediate and
public destruction of the machine, apparatus, or instru
ment in his own presence. If the magistrate has reason
OF THE
to believe that the slot machine might be an antique,
he shall allow the owner of the slot machine a
Section 1. Section 23-5-104, MCA, is amended to
reasonable amount of time to prepare and present the
contention that the slot machine is an antique.
BE
IT
ENACTED
BY THE
LEGISLATURE
STATE OF MONTANA:
read:
(2)
"23-5-104. Slot machines — possession unlawful —
antiques exempt. (1) Except as provided in subsection
(2), it shall be a misdemeanor and punishable as
hereinafter provided for any person to use, possess,
operate, keep, or maintain for use or operation or
otherwise, anywhere within the state of Montana, any
slot machine of any sort of kind whatsoever.
.com
m
:
u
machine that is not used in m
operation
use or promotion
fro the For
m
d
of unlawful gambling
activity. e
purposes of this sec
-
e
d machine
tion, an antique
loa slot
rcad is a slot machine that was
n
a
.
w
w ago or earlier."
manufactured
25 w years
Do //w
:
Section tp 2.
Section 23-5-122, MCA, is amended to
ht
(2) Subsection (1) does not apply to an antique slot
read:
"23-5-122.
Destruction of gambling
apparatus —
No person owning or claiming to own any such
machine, apparatus, or instrument destroyed in accor
dance with subsection (1) has any right of action
against any person or against the state, county, or city
for the value of such article or for damages. It is the duty
of the county attorney to produce such articles in court
on the trial of the case. It is the duty of the trial court,
after the disposition of the case and whether the defen
dant is convicted, acquitted, or fails to appear for trial,
to cause the immediate and public destruction of any
such article by the sheriff or any other officer or person
designated by the court unless it is determined that the
slot machine is an antique and that it was not used in
the operation or promotion of any unlawful gambling
activity. If such a determination is made, the antique
slot machine must be returned to its owner."
when required. (1) The magistrate before whom any
© 20
The — International
Arcade
Museum
THE COIN
SLOT
MARCH 1981
http://www.arcade-museum.com/

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