The debate on gambling in The Bahamas

Cassietta Z. McIntosh

THE LEGAL BRIEF

Last week this writer posed the question, "Are the gaming laws in The Bahamas a source of protection or a source of oppression?" which summarized the ongoing controversy surrounding the topic of gambling in The Bahamas. After reviewing the previous arguments and the responses to the debate and subsequent question, it is fair to say that both sides seem to make valuable contributions in support of their view.

The opposers

One of the major institutions that oppose the introduction of legalized gambling in The Bahamas is the church. Many church leaders see such an amendment in our laws as a precursor for additional social ills.

During this writer's research for this column, I read an online article in which representatives from the Cornerstone Zion Fellowship of Christian Churches and Ministries International said many poor residents already deprive their families and spend what little money they have at illegal gambling houses. They said the government should crack down on illegal gaming – not accept it.

"Our society should not support a system that damages its poor further than they are already disadvantaged," said Bishop Andrew Stewart.

He said just increasing the country's revenues was not sufficient to change the law, noting that "if the government legalized the illicit drug trade and taxed its revenue, that would also bring some revenue to the treasury but we know the catastrophic damage it would do to the lives of individuals.

Is there any substance to this argument?

The reader's view stated, "... with the proliferation of casinos in the U.S., a lesser number of Americans need or elect to go to The Bahamas for casino gambling. That is a loss for The Bahamas, as every dollar earned by a casino (in the Bahamas) from a tourist is a PLUS, as it comes from outside the community. But every dollar earned by a casino from a Bahamian is a plus for the casino only, while it is a MINUS for the community since it comes from the community.

"But if indeed the legislation is modified to give universal access to casinos, be prepared for the ensuing consequences: higher crime rate, bankruptcies and broken families. Be prepared to in-ject lots of those so-called 'extra' revenues generated into assistance programs directly associated with gambling, and relocate the social services offices to much bigger places to tend to an increase in clientele."

The reader continued, "While I am not against the creation of a national lottery, I'd expect the promoters to make a point to explain right off the bat that the lots offered will have NOTHING in common with those of U.S. lotteries. Otherwise the disappointment could make the lottery obsolete in no time. Not long ago, a lottery supporter stated that in 2008, the main Floridian Lottery had provided something like $18 million to the local education system. Interesting. How-ever, what he failed to mention was that the population of Florida is roughly TEN TIMES that of the Bahamas, this without counting the massive input from tourists and other business travellers. Given its population and the sales that could be generated, a Bahamian lottery would definitely not offer lots of $50m, $5m or even $1m. Consequently, the expectations for education, social and other such programs would have to be substantially less than in Florida."

The proposers

About six months ago I attended an open forum hosted by the Rotaract Club of Freeport and at this meeting a young man whom I know of through my younger sister got up to make a comment during the forum. He opined rather forcefully but eloquently that there needs to be a separation of church and state in this country. At first I was unsure of which topic he was addressing but soon it became clear.

He continued by saying that the national lottery needs to be instituted and gambling legalized so that we may benefit as a country from a properly organized activity. He was received with a rousing round of applause when he concluded.

An advocacy group, Com-mittee to Seek Changes to Dis-criminatory Law (CSCDL), was established to end the discriminatory gaming laws in the country, which allow tourists to legally gamble, and bars Bahamians and legal residents from participating in the same activity." The archaic gaming law, as currently constituted, discriminates against legal residents and citizens of the Bahamas.

There is little to no precedent for this – particularly within democratic nations. The policy places the country in a bad light nationally and internationally and denies its citizens a fundamental right. It must be changed and the committee believes that it enjoys the breadth and depth of support nationally to successfully advance the argument," said Sidney Strachan, spokesperson for the Com-mittee to Seek Changes to Discriminatory Law (CSCDL).

One reader stated, "Yes, it's a form of protection but more of a double standard that our Governments continually allow to reoccur whether its about labour, the judiciary system, or gambling. Gamb-ling in my opinion is not offensive to the Bahamian public so any Government in power should not feel discouraged to move forward in revising our laws of gambling. The biggest opposition is the Church: 'Gambling is a sin and not God's way.' HA! God's Way that means gambling should be outright expelled because it's a sin. The Government recognizes by law gambling in the tourism industry because it's a major attraction and outlaws it for Bahamians. Yes, gambling carries some social ills but revenue generated from gaming could be used to support the Ministry of Education and Ministry of Health to produce Bahamians educated in higher learning and healthy. Having said that, by no way am I an advocate for gambling but it can be a resourceful tool once it's managed right, which I seriously doubt, so the protection is for Bahamians from themselves and from the Govern-ment and mismanagement..."

As this debate rages on, persons are calling for a forum that will allow the public to decide. This writer poses the question, "Should the question of whether to legalise gambling for Bahamians be placed in the hands of the Bahamian public now?"

Please send all responses and/or comments to thelegalbrief@gmail.com or send text to 242 441-3310 or deliver it to the offices of McIntosh & Co. Peach Tree Street. Excerpts of your correspondence may be printed when we continue this discussion next week.

Information contained in this article is not to be construed as legal advice. Always seek the advice of an attorney of your choice. Cassietta Z. McIntosh is an attorney in the law firm of McIntosh & Co.

© 2009 The Freeport News