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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 12908
Experience:  Experienced Licensed Attorney
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So I need help/advice on a certain issue. Im 19 years old,

Resolved Question:

So I need help/advice on a certain issue. I'm 19 years old, almost 20 and I've gambled since I was 18. I live in the state of Michigan and we have 1 casino(The Soaring Eagle) that allows the ages of 18 or older to gamble while the rest of the casinos in the state are 21(I wasn't aware of this at the time).
I went to a different casino(Gun Lake Casino) with my friend Monday to gamble(I'm big into blackjack). So we get to the front door and the guard asks for our ID's. We both hand her our ID's and she lets us through the door. I found an ATM and withdrew $400 from it. I sat at a blackjack table and laid $100 down as my first bet and won. Second bet I laid down $10 and got Blackjack(odds were 3/1 so I won $15). I was then asked for my ID and it caused a bit of a stir. I was approached by 2 security personal and was escorted out of the casino. They informed me that since I'm not 21, I'm not allowed to get ANY of my money back until I'm 21. I was pissed and called the management and they told me the same thing. I just got off the phone with the casino again and they informed me that I will not be receiving back my money AT ALL since I was underage, the money becomes "house money". So here's where I need help( and this may sound stupid). But can I get a lawyer involved since the first security guard let me past? I have no way to actually prove they have my money other than the confrontation I had AND ATM/bank slips that I withdrew money from an ATM within the casino
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Were the rules related to Gambling Age posted at the entrance or throughout the casino?

Is this a casino located on Indian Reservation?

Customer: replied 1 year ago.

As of now, I'm unaware if there were any signs actually inside the casino stating that I had to be 21+, the only "regulation" the casino had was a guard at each entrance that would check ID's. My ID was checked and I was let past the guard and into the casino.


 


I'm going to say that yes, it is on an Indian Reservation as of the year 2009, the casino was opened in the year 2011. This link is what makes me believe it is an Indian Reservation.


http://500nations.com/news/Michigan/20090818.asp

Expert:  Alex J. Esq. replied 1 year ago.
Dear Austin,

What was the value of gaming chips that were confiscated from you?

Were you given any type of a receipt for any of the gaming chips that were confiscated?

Was police called and were you cited or arrested at any point?
Customer: replied 1 year ago.

The value of chips that were confiscated from me was $515. $400 that was my own money, and $115 that WAS winnings.


 


No, I wasn't given a receipt for the gaming chips when they were confiscated


 


And no, the police wasn't called and I wasn't cited or arrested

Expert:  Alex J. Esq. replied 1 year ago.
Dear Austin,

Was a trespass warning issued to you by the security and were you told that if you come back that you would be committing trespass and subject to prosecution?
Customer: replied 1 year ago.

No, I was not given a trespass warning or anything related to subject of prosecution. I was told I could get my money back when I turned the age of 21. I got off the phone with them today to request a receipt or document of some sort to verify that they did indeed confiscate my money, they told me that money was no longer mine and was considered "house money"

Expert:  Alex J. Esq. replied 1 year ago.
Dear Austin,

Thank you for your follow up.

Unfortunately, because this is a Casino owned by an Indian Tribe and located on an Indian Reservation, this casino would be outside of the jurisdiction of the local Michigan Ohio state courts and generally any legal action against an Indian Tribe would have to be brought in a federal court which is extremely expensive and generally such legal action would be cost prohibitive, especially over small amount of a claim that you have.

The only general option that you might have is to file complaint with the management of this casino and also with the Bureau of Indian Affairs and here is the link:

http://www.bia.gov/

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Satisfied Customers: 12908
Experience: Experienced Licensed Attorney
Alex J. Esq. and 7 other Consumer Protection Law Specialists are ready to help you

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