Gambling, government, and …

The State of Wyoming, generally considered to be a conservative, not-quite one-party state, but with a strong streak of minarchist libertarianism, have some odd quirks.

One of those has to do with gambling.

Take an interesting little “fun game” called “shake-a-day” featured in many saloons, bars, and lounges in the Cowboy State. According to a recent Cowboy State Daily article, Wyoming this game is definitely illegal, since the State “clarified” its laws and regulations. Which are, to put it mildly, confusing.

As one source tries to explain it: “Wyoming’s gambling regime combines state statutes, tribal compacts, and regulatory oversight by the Wyoming Gaming Commission and related agencies. The core principles emphasize prohibition of most online gambling and casino-style betting while permitting certain charitable gaming, intrastate sweepstakes, and tribal operations under compact agreements. The state restricts gambling to activities authorized by law, with penalties for unauthorized wagers or participation in illegal schemes.”

As we understand it (keep in mind, no one at TPOL gambles, at least not intentionally or for (a hope of) profit), shake-a-day is a simple little game: a saloon patron pays a dollar to roll five dice. (While TPOL folks play a lot of games using dice, most have percentile or 20-sided dice, but we do know Yahtzee, which is a “five-dice” game. No money involved.) Depending on what they roll, from a pair to a full house, they win everything from another chance to roll the dice to a drink, a six-pack, or even a pot (of money).

Our first thought when learning about this was remembering a favorite Loonie practice as described by Bob Heinlein in The Moon is a Harsh Mistress. At least for small purchases (a pub bill, groceries, etc.), Loonies would bet “double or nothing” – they enjoyed gambling for fun, and figured that things pretty much evened out.

One of us at TPOL had an old friend who traveled frequently through Nevada back in the days when it was the only State with legal casinos. She would take a roll of nickels with her, play various slot machines (the pre-electronic kind), because she liked the silly machines! When she ran out of nickels (and had the low-price lunch, midnight or regular breakfast, etc.), she would be back on the road.

But back to Wyoming: Gambling in the shake-a-day game has officially been illegal for years, but a new law doubled down. If you play and get caught, it’s illegal gambling: a misdemeanor punishable by up to six months of jail and fines of $750. For the host saloon, try felony: up to three years in prison and $3,000 (but only if the host plans to derive a profit from the game). (Hmm. How is “profit from” defined?)

The Cowboy State Daily article reports that many county prosecutors in Wyoming consider that cracking down on this crime is a much lower priority than what they are always going after. Saloonkeepers say the “clarification” is intended to put them in a poor position to compete with casinos, WyoLotto, and other gambling that brings in big bucks to the State Treasury.

We see this as a continuing battle. Wyoming was admitted to the Union in 1890. It was both a wide-open State in many ways. Prostitution, gambling, and the open making, sale and consumption of liquor, were all legal. But a combination of “Progressives” and “social-gospel” preaching “pastors” soon changed that. Gambling was outlawed in 1901, prostitution in 1910, and so on. But starting in the 1960s, certain types of gambling were decriminalized, and eventually made legal. Wyoming State government has run and profited from WyoLotto for 13+ years. Just as they have from liquor taxes and many other “sin” taxes. (No, prostitution is still illegal. And most if not all recreational drugs.)

By now, some readers are saying something like “you guys at TPOL are christians, so why are you complaining that gambling is illegal?” Well, we don’t gamble (or certainly try not to), and we do see gambling as a bad thing. For one thing, it is highly addictive for many, many people. And there are certainly downsides to gambling, whether addicted or not. We recognize that gambling can cause harm to others, because those who gamble may lose the ability to carry out their obligations to others: spouses, children, parents, business partners and more. But we note that the Bible does not condemn gambling as a sin, though the attitudes that encourage people to gamble, at least on a large scale or certain subjects, are not what a follower of Christ Jesus should have. Nor should a christian take actions that are certain to harm someone innocent of any wrongdoing.

Which is one reason (of many) that government prohibition or insane micromanagement of gambling is, at best, hypocritical. And all too often, is in support of governments’ own addiction to the profits from gambling. (We have noted often that playing a Mafia numbers game is preferable to a government lotto or scratch ticket game, because the Mafia’s cut of the house-percentage is a lot less than what the government agencies skim off for “health” or “education” or whatever. So the chances of winning at the Mafia’s version is probably much higher than WyoLotto or whatever.)

But the key for us is how the gambling got outlawed in the first place: the “Progressives” and the “Social-Gospel Preachers” were not limited to the plains and mountains of Wyoming. It was, and is, an attempt to get the State involved in morality and religion far beyond dealing with people doing harm to others (either physically or financially). Just as welfare programs are often justified by those who claim to follow Jesus as compassion for the poor. Enforced “benevolence” by stealing money and giving it to someone else, however much they need it, is not moral nor benevolence.

The situation with government regulating, or prohibiting, gambling is similar.

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About TPOL Nathan

Follower of Christ Jesus (a christian), Pahasapan (resident of the Black Hills), Westerner, Lover of Liberty, Free-Market Anarchist, Engineer, Army Officer, Husband, Father, Historian, Writer, Evangelist. Successor to Lady Susan (Mama Liberty) at TPOL.
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