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The Kansas Supreme Court has ruled that a law banning gambling machines from bars and other businesses is unconstitutional because it's broad enough to apply to any computer game. The law which was struck down by the justices on Friday is part of a 2007 act which allowed gaming machines to be placed at casinos and animal racing tracks across the state. Casinos and race tracks will be allowed to offer the machines but further revisions will likely be made for the bill.
Up until the ruling was made, the Kansas Lottery had been confiscating "gray machines" and it was considered a felony for a person to put such machines where they can be used by the public. Since gray machines were only defined as a "mechanical, electro-mechanical or electronic device" that can be used for gambling Justice Eric Rosen said any computer could have been considered a grey machine under the former law.
"Telephones can be used for making or placing bets," Rosen wrote. "Both 'Chutes and Ladders' and 'Twister' children's games use spinners, which are mechanical devices and which can, of course, be used for gambling."
Prior to 2007, Kansas' laws regarding gambling machines were very clear but the more recent law didn't require the state to show that a machine actually was used for gambling before confiscating it and prosecuting the owner. It is likely that Kansas legislators will address the issue when they return from their annual spring break on April 27th.
As always, stay tuned to Casinofan for more news and updates.
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