CASE OF 5 MEN CREATES NEW DEBATE OVER 200-YEAR-OLD LAW

A family playing Monopoly in their own home could be arrested and made to serve jail time under South Carolina’s antiquated gambling laws.

But is that right? And is that the real intent of an 1802 law making any game with cards or dice illegal?

The case of five Mt. Pleasant men found guilty of illegal gambling for holding a poker game at a private residence is creating a new debate about the more than two-centuries old law after their attorney appealed their conviction.

Though there are multiple prongs to their appeal, the hearing in front of Circuit Judge Markley Dennis largely focused on what some say is the state’s ill-defined law covering a house of gambling.

Lawyers for the five players say the state’s definition is so poorly written that no one could possibly know if they are breaking the law depending on location.

“If an essential element of a crime is not defined, then how could a person know if they are violating it or not?” Greenville attorney Jeff Phillips said after the hearing ended. [...]

Also helping the players in their appeal is former 4th U.S. Circuit Court of Appeals Chief Judge William Wilkins of Greenville, who said the case involved multiple legal issues, including matters of due process. [Charleston Post and Courier]

The easiest way to solve this problem is to implement a plan by Senate President Pro Tem Glenn McConnell (R-Charleston) that would ditch South Carolina’s archaic gambling laws.

McConnell’s plan would allow charities and nonprofits to hold simple fundraising events and would also end police raids on private citizens playing card or dice games in their own home.

Makes sense, right? But remember, this is South Carolina and the bass ackwards politics around here often prevent common sense solutions from becoming reality.