Saratoga News

A lottery by any other name is still illegal, DA's office says

By Sarah Lombardo

Games of chance are little chancier than most folks may have realized--especially for the people conducting them. So, in the wake of Beanie Baby sweepstakes fever and in the face of upcoming back-to-school fundraising raffles, the Santa Clara County District Attorney's office is sending out a reminder that, unless conducted according to the letter of the law, a raffle--even for a good cause--is illegal.

The warning, sent out as a public service announcement Aug. 3, warns that raffles, sweepstakes and other games of chance in which participants must pay for tickets in order to be eligible are considered under the law to be lotteries.

"It's against the law to conduct lotteries," Deputy District Attorney Robin Wakshull said. In fact, it's a misdemeanor--punishable by up to six months in jail or a fine of up to $1,000, or both.

Capt. Robert Wilson, of the Santa Clara County Sheriff's Department's Westside Substation, said it doesn't matter if the lottery is being conducted by a private business for its own benefit or by a church or nonprofit group for charity.

"The law doesn't differentiate between a school and a private party," he said.

But that doesn't mean the long arm of the law will be lurking the next time little Billy from down the block knocks on your door selling school raffle tickets for the 10th time in six months.

Still, Westside's Lt. Cary Colla said the deputies will respond to complaints and take a report when notified of questionable raffles or possible lotteries.

Wakshull said it is the increasing number of complaints and inquiries about the operation of lotteries--most of them involving Beanie Babies--her department has received lately that inspired the reminder.

"We are not intending to mount a posse to hunt down PTA parents and church groups," Wakshull said. "But if we do get a complaint, we have to look into it and evaluate each case by its own merits."

Wakshull added that although lotteries are against the law, raffles are not--so long as tickets do not have to be purchased.

[ Back to Contents Page | Saratoga News Home Page | Archives ]