Suit challenges minimum age for gambling

The suit, filed late Wednesday in state civil district court in New Orleans, goes after a 1998 law that raised the minimum age for video poker and lottery players from 18 to 21. That law brought the minimum age to the same limit for casino gamblers.

In a similar case, the Louisiana Supreme Court ruled recently that the constitutional provision dealing with age discrimination was not violated by a law raising the drinking age from 18 to 21.

Challenging the new gambling age law are William B. Norton, a 19-year-old New Orleans resident, and David Melius, the owner of Bruno's Bar in New Orleans, which has video poker machines.

Attorney Chris Young, who filed the suit, said he believes the high court's ruling in the drinking age case sets an important precedent that makes the higher gambling age illegal.

While deciding the drinking age, the Supreme Court said that in order to discriminate against those aged 18, 19 and 20, the state had to show "an appropriate government purpose" that would benefit the public, no matter what the age.

In the drinking age case, the state said the purpose was highway safety.

"In the drinking age case, the Supreme Court said that if the highway safety issue had been restricted to those 18, 19 and 20, the restriction would not be constitutional," Young said. "It has to impact the general public.

"In this case, by preventing those age groups from playing video poker and the lottery, it does nothing for the general public," he said.

The drinking age was raised to 21 during a time when the state was threatened with the loss of federal highway funds.

The case was assigned to Ad Hoc Judge Piper Griffin, who set a hearing for Jan. 13. It was unclear if striking down the 21-year-old limit for lottery and video poker would also lower the minimum age for casino gambling.

Walter Abbott, a spokesman for the National Coalition Against Legalized Gambling, said he was not surprised by the suit.

The video poker industry accepted the 21-year-old limit last year in exchange for raising the number of age violations to three before a video poker operator could lose its license, Abbott said.

"They've reneged on their part of the bargain, which is no surprise," Abbott said.

Alton Ashy, a spokesman for the Louisiana Amusement and Machine Operators, which represents video poker interests, said the group had nothing to do with the suit.

"We have no position on it. It is their right to sue. We supported the 21-year-old age limit in the Legislature last year. We maintain that position," Ashy said.

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