Smith lawyer attacks gambling identification law

When you know they have your client dead to rights, attack the law.
That's what Sen. Jeff Smith's lawyer, lobbyist and Missouri Democratic Party bigwig Joseph Bednar is doing as he defends his client against charges that he illegally used someone else's identification card to gamble at the Isle of Capri casino in Boonville on July 31.

In an article posted today, the St. Louis Post-Dispatch quotes from documents filed by Bednar in Cooper County Circuit Court:

"The question is: Does the Missouri citizen have a right to gamble and not have everybody know who he is?" asked Smith's lawyer, Joe Bednar.

The card is needed to pass through the turnstiles at all Missouri casinos. To sign up for one, visitors must provide a form of government-issued ID. Gamblers also must present the card when they buy in, ensuring they don't exceed the limit of purchasing more than $500 in chips in a two-hour period.

Smith, 33, did not have his drivers license with him when he visited the Isle of Capri Casino on July 31. To get in, he used a player's card issued to state Rep. Joe Aull of Marshall, one of several Democratic legislators who had been on a tour of the casino.

Smith says he used Aull's card at the urging of a casino lobbyist, Lynne Schlosser, who was hosting the group. Later, when Smith drew the attention of casino security for refusing to put down his BlackBerry while playing Texas Hold 'Em, gaming officials realized he did not have his own player's card. The cards do not have photos.

Bednar offers his views on what the law was "really intended" to do, which, of course, was not to catch supposedly honest, law-abiding citizens like Jeff Smith, who just wanted to gamble while they were indulging in a lobbyist-financed junket:

Bednar's Nov. 5 court motion questions the state's interpretation of the law, saying it is intended to prevent anyone under age 21 from entering a casino — not to catch individuals otherwise qualified to gamble. Among other purposes, the player's card is used for revenue and marketing, Bednar argues. It's not, he says, an official ID.

"It's basically your direct mail list for the casino," said Bednar, who served as chief counsel to Gov. Mel Carnahan. "When you go to a liquor store, you have to prove you are 21. They don't get to take down all of your personal information."

A request by Smith, Aull and Ms. Schlosser for a change of judge and change of venue will be taken up during a 3 p.m. Dec. 11 hearing in Cooper County Circuit Court.