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Reihla at aol.com
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Date: Wed, 14 Feb 2001 14:08:56 EST
Subject: Re: NR - Drawing vs. Raffle
To: <northern at ansteorra.org>
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> Pug said:
> Technically you can not deny someone a ticket if they do not give a
> donation nor does someone have to take a ticket if they give a donation.
While this might be technically correct, what we *do* is essentially
exchange currency for a ticket for a chance to win a prize. That is what
any representative of law enforcement would see if they attended our event,
therefore it is *their* perception of what is going on that would matter,
not what we say is going on.
People breaking the law usually try to get by with calling their activity
something innocuous. While I don't think anyone is intentionally trying to
break the law, we're kidding ourselves if we think calling something by
another name is going to somehow re-define the activity itself.
Roget’s Thesaurus lists these words as synonymous: raffle, lottery,
drawing
2 different dictionary definitions of the words:
Raffle: 1) a lottery in which a number of persons buy chances to win a
prize. 2) a lottery in which each participant buys a ticket for an article
put up as a prize with the winner being determined by a random drawing.
Lottery: 1) a contest in which tokens are distributed or sold with the
winning token being selected in a random drawing. 2) a scheme for the
distribution of prizes by lot or chance.
Drawing: 1) an occasion where something is decided by a drawing of lots.
2) something that is drawn.
How, again, is drawing tickets for a prize not a lottery or raffle? Note
the “lottery” definition does not require the purchase of a
ticket. It is simply a random drawing or distribution of prizes by chance.
Besides, as I've said we *do* require money in exchange for a ticket.
With regard to the churches, etc. holding “drawings” –
the ones who do things legally can tell you they don’t take money in
exchange for tickets (that being clearly defined as a lottery or raffle).
They usually take donations up front, buy a prize and give the remainder of
the money to the sponsoring entity. Tickets are then given away free of
charge (i.e. no money is collected at the ticket table). Churches running
any other type of contest are breaking the law. Probably it would be a
good idea if we didn’t join them. Oklahoma currently has an Attorney
General who is adamantly against raffles in any form and is strongly
considering going after the churches.
It was pointed out in no uncertain terms the first year that we did Tribute
by the then-Kingdom Seneschal that raffles, lotteries and drawings could
not be held. This is why the silent auction was started. Has this law we
were made to follow somehow changed in the last few years?
Since we’re all talking about law here, maybe it would be a good idea
to look at the actual law in question:
Article 21 of the Oklahoma Statutes, Sections 1051-1057 discuss what they
define as “a lottery, a raffle, or a gift enterprise, or by whatever
name the same may be known” (meaning it doesn’t matter what you
choose to call the activity)
Section 1053 states “Any person who contrives, prepares, sets up,
proposes or draws any lottery shall be guilty of a felony”
Section 1054 states "Every person who sells, gives or in any manner
whatever furnishes . . .any ticket, chance, share or interest, or any
paper, . . . is guilty of a misdemeanor."
Section 1056 states "Every person who, by writing or printing, by circulars
or letters, or in any other way advertises or publishes any account of any
lottery . . . is guilty of a misdemeanor.”
Section 1057 states “Every person who offers for sale or distribution
of (snip a whole paragraph that essentially means any property) by lot or
chance…. or any ticket or other evidence of any chance, share, or
interest in such property, is guilty of a misdemeanor.
It just seems to me that running a lottery/drawing/raffle in any form
isn’t worth the possible repercussions of such a venture. It places
innocent people, as well as our site owners at risk. The fact is, there are
many state employees (including some who work in law enforcement) who
attend our events. They are obligated to report any questionable activity
under the terms of their employment and we put them in a heck of a position
when we hold questionable activities (remember, its their personal
definition of the law that matters with regard to what they feel they have
to report). Not to put too fine a point on it, the benefits of such a
venture just aren’t in line with the possible problems it could
create – especially given that there are clearly legitimate ways to
accomplish the same goals.
We used to be an organization that went out of our way to avoid even the
appearance of impropriety. I find it a strange twist that now we look for
ways to get around mundane laws to accomplish our goals.
Kat, Wiesenfeuer
who will probably once again be labeled a troublemaker for saying what she
thinks
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