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by giantg2 55 days ago
"If you wanted to, you could sign an affidavit that would ban you from the casino floor on the risk of a misdemeanor trespassing charge."

Let's help people by criminalizing them so they have a harder time getting a job and all that...

2 comments

Voluntary precommitment measures like this need some kind of teeth to be effective. The point isn’t incarceration, it’s the ban from the casino. If they can return without consequences then it’s not really a ban.

It’s likely that they will be turned away rather than arrested, unless they try to force their way in or sneak in.

Remember, this is voluntary. It’s for people with a problem who want to cut themselves off because they can’t control themselves any other way.

The "misdemeanor trespassing" is understood by everyone - basically, you're choosing to be banned, and if you come back the cops will give you a nice little ride to the station and then let you go.

Similar things in the digital world would be the ability to lock your iCloud account so you couldn't download gambling apps, and if you want to be unlocked you have to send a notarized letter to Apple and wait and reply to a confirmation letter. This adds delay and makes it so you can choose "not to be tempted" in your right mind, and when you're desiring "the fix" you can't get it right away.

These affidavits aren't used to penalize the individual, they are used to protect the casinos from nuisance lawsuits when they escort the individual off the property. Basically, if you sue claiming assault, you are opening yourself up to a criminal charge. It's an effective deterrent.

A casino doesn't ever need to call the cops to deal with you, they have their own private force.

Some casinos have public law enforcement, depending on the state. They don't need an affidavit to trespass someone (likely at the summary offense level depending on state), especially since it's all recorded. You shouldn't be able to sue someone while committing a trespass due to the clean hands doctrine, depending on state.
Getting trespassed from an Indian Casino can technically be an international incident; it happens now and then - the sovereignty of tribal nations is a real thing, even if not what you might expect.