Do you play cards? Roll dice? Play roulette? If you live in Howard County the police could arrest you for enjoying these activities in your home, even if no money is wagered.
The gaming law hearkens to 1957 and does not distinguish between homes and bars. Retired Prince George?s County Circuit Judge Vince Femia told The Examiner last week that these laws were, “passed at a time when people really believed these were important or that your soul would be saved by not playing cards in your home.”
The police do not enforce the law unless people complain because it would cost too much time and money, Femia said.
We can be grateful for the lack of enforcement, but such quality-of-life laws made no sense in 1957 and no sense today. Are police going to arrest children for playing War or stop seniors from playing bingo?
Wouldn?t it be better for local and state legislators to cull all silly laws and regulations from the books? Sure, subsequent federal and state legislation ? and court cases ? has effectively abolished some criminally stupid laws and covenants ? such as deeds prohibiting homeowners from selling their property to Irish, blacks and Jews. But other potentially enforceable stupid laws remain.
Founder Thomas Jefferson believed laws must reflect the “consent of the governed.” As a result, he said, “Every constitution then, and every law, naturally expires at the end of 19 years. If it is to be enforced longer, it is an act of force, and not of right.”
Redrafting the U.S. Constitution every 19 years would wreak havoc on society by upending legal precedent and possibly eliminating fundamental rights ? including freedom of speech ? that Jefferson found to be an inalienable right until he became president.
Far more practical would be for local and state legislators to review Maryland laws every 19 years to ensure they reflect community values.
Citizen groups could form to identify questionable legislation ? like the anti-gambling law ? and advise legislators on laws to be eliminated or put to a vote of the people through a referendum.
It would be a simple way to ensure Maryland more closely resembles government of the people, for the people and by the people NOW, not 50 or 100 years ago.
