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The Mississippi Lawyer Spring 2015 11 Legalized Gaming in Mississippi A Young Industry with an Eventful History However it is an industry that has changed dramatically and endured much during its tenure here and it continues to change and adapt today. The role that lawmakers attorneys regulators and the operators themselves have played in developing a successful gaming industry cannot be overstated. A quick look at the history of gaming in our state is fascinating and highlights many legal and operational challenges that had to be overcome to get the industry where it is today. Starting from Scratch Three simple elements are required to engage in gambling Consideration chance and reward. Miss. Gaming Commn v. Henson 800 So. 2d 110 113 Miss. 2001. There are some exceptions for things like charitable games and raf- fles but generally engaging in the three elements can trigger a gambling charge. This is certainly true when an electronic machine or table game is involved. Illegal gaming has long had some presence in this state. In fact wagering on games of chance has existed in Mississippi in one form or another for centuries dating back to games conducted by Native Americans. However regulated wagering first made its appearance statewide in the form of a lottery approved by the Mississippi Legislature in 1867. In 1867 the state was trying to find ways to recover financially after the Civil War. The legislature created the Missis- sippi Agricultural and Manufacturing Aid Society and granted that entity the right to conduct lotteries in Mississippi. However when a new state constitution was adopted two years later it specifically prohibited the legislature from approving a lottery. This of course led to legal challenges as to whether the lottery that was created prior to the 1869 constitution could continue. The United States Supreme Court decided the issue and held that a lottery contract that resulted in the legislature giving up the right to regulate or prohibit a lottery was invalid. See Stone v. Mississippi 101 U.S. 814 1879. After this brief attempt state-regulated gaming was nonexistent in Mississippi for the next one hundred years although local unregulated gaming was quite an industry on the gulf coast for many years before Hurricane Camille. The explosion of gaming in Nevada in the 1960s and the successful introduction of gaming in Atlantic City New Jersey in the 1970s gave states a reason to consider gaming as a regulated activity again. Many states viewed gaming as not only a tax revenue generator but also an enter- tainment outlet that could enhance tourism and help showcase other attractions in the state. The first instance of legal casino gaming appeared in Mississippi in 1987 but not by legislative enactment. The Europa Star cruise ship created a gaming business by making excursions from Biloxi to waters where Mississippi arguably had no jurisdiction. Legal battles ensued over whether the excursions were permissible with the Attorney Generals office arguing that the 90 minute trip off shore did not take the cruise ship out of Mississippis waters. It was eventually determined that Mississippi did have juris- diction over these waters but the issue was quickly becoming moot thanks to the state legislature. In 1989 lawmakers decided to allow gambling aboard cruise ships as long as those ships were passing to or from inter- he regulated casino industry was born in Mississippi when gaming was legalized just twenty-five years ago. When compared with other large regulated industries in the state banking insurance healthcare to name a few the gaming industry is still rather young. T By Jay McDaniel Continued on next page