{"id":7544,"date":"2017-09-12T21:00:23","date_gmt":"2017-09-13T04:00:23","guid":{"rendered":"https:\/\/www.lasvegasadvisor.com\/gambling-with-an-edge\/?page_id=7544"},"modified":"2017-09-14T13:37:51","modified_gmt":"2017-09-14T20:37:51","slug":"card-counting-not-illegal","status":"publish","type":"page","link":"https:\/\/www.lasvegasadvisor.com\/gambling-with-an-edge\/blackjack\/card-counting-not-illegal\/","title":{"rendered":"Card Counting Is Not Illegal"},"content":{"rendered":"

Card counting is not illegal anywhere in this country.<\/p>\n

In New Jersey, it’s illegal for it\u00a0to be<\/em>\u00a0illegal; New Jersey long ago banned casinos from barring card counters from playing at the blackjack tables. Of course, the A.C. casinos have taken drastic enough countermeasures that card counting there is difficult at best, such as using eight-deck shoes that are shuffled early and prohibiting mid-shoe entry.<\/p>\n

While not illegal in Nevada — as long as you\u2019re not using a device that helps you track the cards — the casinos are private property. Hence, the owners, bosses, or their representatives have the right to “back off” or “bar” anyone they want to for any reason at all.<\/p>\n

\"\"Is this discrimination? Card counters have always thought so. However, it doesn\u2019t fit the legal definition of discrimination, since card counters aren\u2019t members of a race, religion, nationality, political affiliation, etc. In other words, they\u2019re not covered by discrimination laws passed by Congress and upheld by the Supreme Court.<\/p>\n

Over the years, many card counters have been “backroomed,” meaning bosses or security guards have forced them into a room or office away from the casino. There, they grab IDs, take mug shots, and generally intimidate players (many card counters, back in the bad old days, were also assaulted; the famous scene in Casino<\/em>, where DeNiro has a hole-carder’s hand smashed with a hammer is a good representation). We don\u2019t know of any state in the U.S. where it\u2019s legal for a business establishment to detain a customer, unless he or she has committed a crime and the business representative is making a citizen\u2019s arrest (basically, holding the person until the police arrive). So, in theory, you can be detained if you\u2019re caught\u00a0cheating<\/em>, but you cannot be detained for card counting.<\/p>\n

\"\"<\/p>\n

That\u2019s not to say it doesn\u2019t occur, and numerous\u00a0court cases have resulted from exactly that happening to blackjack players.<\/p>\n

Some casinos are tolerant of card counting, especially if the bets aren\u2019t too big and the spreads (the difference in size from one bet to another) aren\u2019t too outrageous. Others are so intolerant of it that they become aggressive in tossing out anyone whom they suspect. This often manifests in their evicting a blackjack player who wins even a little money at the tables, counting or not.<\/p>\n

Native American casinos are a different story altogether, especially those within reservations. In these situations, the tribe is the law and the tribal police enforce it. Players have fewer rights and little recourse after the fact in the case of disputes. The local police won’t come, because it’s the tribe’s land and they have no jurisdiction. You can’t sue them either, except in a tribal court. Very touchy.<\/p>\n

Two books delve in depth into the rights and responsibilities of players. Both are by gambling defense attorney Bob Nersesian. The first is called\u00a0Beat the Players<\/a><\/strong><\/em>\u00a0and you can find it on Amazon. We published and sell Bob’s second book,\u00a0The Law for Gamblers<\/a><\/strong><\/em>.<\/p>\n

 <\/p>\n