Sacred Heart School’s popular Casino Night fundraiser will have
to undergo some changes in order to open its doors in 2006 due to a
recent crackdown by the Department of Justice, which has lead to
the cancellation of similar events up and down the state.
Hollister – Sacred Heart School’s popular Casino Night fundraiser will have to undergo some changes in order to open its doors in 2006 due to a recent crackdown by the Department of Justice, which has lead to the cancellation of similar events up and down the state.
Sacred Heart’s Casino Night fundraiser has been held every February for what will be 19 years this winter. Typically, between 600 and 800 people attend and over 30 local businesses sponsor the event – which garners around $70,000 for the school’s operating budget.
“It isn’t just for parents of Sacred Heart students,” said Maria Donati, a member of Sacred Heart’s Parents’ Association and co-chair of the Casino Night Committee. “It’s really a community-wide event that everyone enjoys.”
Sacred Heart, a private Catholic elementary and middle school, was made aware of possible problems with its fundraiser in August when the diocese’s legal counsel sent a letter detailing state law regarding illegal gaming. According to the California Penal Code, any person – including a charitable organization – caught running an illegal game of chance or “banking game”, such as blackjack, can be subject to a $1,000 fine, six months in jail or both.
That’s bad news for non-profits and charitable groups such as Sacred Heart. The school’s casino night typically features black jack, roulette, craps games and slot machines. Texas Hold ‘Em was slated for this year’s event, but the parents’ association decided to avoid further legal trouble and drop it.
“We’re not canceling the event,” said Donati. “We’re aware of the law, and we just need to change a few things.”
In order to save the event, Sacred Heart is following a model established by Madonna del Sasso School in Salinas, which has managed to salvage their annual fundraiser.
Instead of prizes being awarded only to big winners, they will be distributed equally, at random, among everyone attending the event. The casino games will be free for everyone and for amusement purposes only, but the school can still accept donations. The event will still feature a silent auction, but the popular reverse drawing, in which participants could win $10,000, will have to go because the law requires the school to keep at least 90 percent of the event’s earnings.
“We’re hoping people will still come out and support us,” said Donati. “We need that more than ever.”
Before Sacred Heart can go ahead with the event, they need to write up a proposal for the district attorney to green light. Sacred Heart will take the lead from Madonna del Sasso School to make sure their event will be legal.
Juan Robledo, Student Activities Director for San Benito High School, sympathized with Sacred Heart’s fundraising woes.
“Raffles can make a lot of money, but it’s illegal for us to sell tickets to students, and they frown on kids selling the tickets as well,” he said. “But most law enforcement won’t go out of their way to bust kids trying to make money for a good cause… As long as we don’t have students working the floor or participating in those games, we feel we’ve taken care of the law, on our side.”
While Donati wasn’t aware of other local organizations that use casino games to raise money, the Gilroy Community Services Department’s poker tournaments held to benefit youth and senior programs could be canceled if organizers can’t make the game comply with the law.
Assemblymember Alberto Torrico, D-Fremont, introduced AB 839 in February that would amend current law to allow non-profit organizations to conduct fundraisers for other non-profits using controlled games as a form of funding. The bill was supported by the Department of Justice and would require that 98 percent of the funds earned go towards the charity.
However, the bill died in the Assembly Appropriations Committee and is expected to be revived next year, said Nathan Barankin, a spokesperson for the Attorney General.
Only three non-profits supported the measure and supporters are hoping more will join in the revival process.
According to Donati, even if Sacred Heart is forced to cancel Casino Night, a similar fundraiser will be held at Bolado Park that night, as the space has already been rented. Although a firm plan has not been decided on if Casino Night gets shut down, the parents’ association has considered a dinner dance and silent auction.
