With the state contemplating a soaring budget deficit and sagging sales-tax receipts, it’s understandable that some officials might look resentfully on the hordes of North Carolinians scurrying across state lines to buy lottery tickets elsewhere.
Since South Carolina began operating a lottery on Jan. 7, its busiest outlets have been those located near the North Carolina line. It has been estimated that North Carolinians will spend more than $100 million a year on South Carolina’s drawing, in addition to a similar amount in Virginia and $25 million in Georgia. That’s a lot of North Carolina cash flowing out of state, money that retailers and state officials would much rather see go into registers here.
But that doesn’t mean those who cross the border to buy lottery tickets should be viewed as criminals. Under state law, however, that’s apparently what they are, and the Gaston County district attorney is contemplating charges against a Kings Mountain man who had 20 South Carolina lottery tickets in his possession. Deputies discovered the contraband on Michael Dean Atkins while booking him into the Gaston County jail on unrelated charges. Gaston District Attorney Mike Landis says possession of the tickets violates a 1943 anti-gambling law that bars N.C. residents from having “gambling paraphernalia.” The state Attorney General’s Office has concurred that the law can be applied to lottery tickets purchased elsewhere and carried back into the state. Violators can face up to 60 days in jail.
While state-run lotteries are a blight upon society whose worst effects fall heavily on lower-income residents, that doesn’t mean participants in other state’s games should be treated as criminals here. However much a sucker’s game the lottery may be, it’s still a legal activity in neighboring states, and those who wish to drive 10 miles — or 100 — to throw away their money have a right to do so. Since state-sanctioned lotteries weren’t around in 1943, it’s doubtful that such prosecutions were part of the ordinance’s original intent. If lottery tickets qualify as gambling paraphernalia, then what about citizens caught carrying dice, poker chips or raffle cards? Are they subject to the same prosecution? If we criminalize lottery players, next thing you know other states might make it illegal for their residents to possess a pack of low-tax cigarettes purchased in North Carolina.
Landis, the Gaston district attorney, has said prosecutors are still evaluating whether they’ll pursue the gambling charge. This is a case that should never come to court. Even the most adamant lottery opponents stop short of criminalizing participants. Such overzealous prosecution won’t deter lottery players from buying tickets; they’d just be more vigilant about hiding them. It’s also unrealistic to think that law-enforcement officers have the time, inclination or holding facilities to prosecute the hundreds of thousands of potential violators.
Besides, playing the lottery already has a self-imposed penalty. Gamblers lose their money — which should be punishment enough.
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