Counting cards is an activity that casinos disagree with, but it is often difficult to spot, prove and even prevent in some cases. While casinos obviously do not like players that count cards and may enforce penalties such as permanent bans, based on the rules in effect for each gambling property, the activity itself isn’t classified as illegal in many states across the United States.
But while it may not be illegal, counting cards can cause lots of trouble for the gamblers that engage in such activities and the casinos that take action against them. This is precisely the case of Ameristar Casino in Black Hawk, Colorado, which reportedly faces a lawsuit by a player that allegedly counted cards.
The alleged incident dates back to October 19, 2021, when the plaintiff with the initials J.S. had a long layover at the Denver International Airport, reveals a report released by The Denver Post. The man decided not to wait at the airport and visit Ameristar Casino. Unfortunately, on that particular night, the plaintiff wasn’t able to cash out his gambling winnings over allegations for counting of cards, which ultimately resulted in a lawsuit against the casino.
Counting Cards Isn’t Illegal in Colorado
The man, who is believed to be from Georgia, played blackjack at the casino and claimed in his lawsuit that he was not allowed to leave the casino. Allegations against him included counting cards, which was claimed to be a criminal violation of Colorado state laws. Additionally, the man alleged that his Fourth Amendment rights were breached as he was detained without “probable cause,” and he was also subjected to unreasonable seizures or searches. The plaintiff claimed that the casino didn’t cash in his chips while he was also the victim of false imprisonment due to negligent training of law enforcement.
Reportedly, the lawsuit filed by J.S. is after $1.5 million in punitive damages, as well as $1.5 million in economic and compensatory damages, making the total $3 million. The Georgia man also seeks coverage of the fees for attorneys regarding the trial.
Despite the alleged incident and the refusal of the casino to cash in chips, a spokesperson for the Colorado Department of Revenue, Daniel Carr, reveals that counting cards isn’t against the law. He explained: “it is not illegal to count cards using your brain.”
According to Carr, marking cards or using other technology to manipulate the outcome of a card game can be considered illegal. He pointed out that if a casino notices a player that is really good at counting cards, they can ask him to leave or stop them from playing blackjack. Finally, Carr reiterated that counting cards is not against the law in Colorado.