Summary:
- Joseph Shiraef played cards at the casino in 2021.
- Shiraef was not allowed to leave the casino and accused of criminal violations.
- He is suing for the actions taken against him.
Joseph Shiraef of Georgia was in the Denver area back in 2021 when he was subject to a long layover at the local airport. Instead of waiting it out, he traveled to nearby Black Hawk to play a few casino games. His visit to the Ameristar Casino was profitable, but when he tried to leave, he was blocked from doing so and accused of criminal violations.
Shiraef is now suing the casino, the city of Black Hawk, a police officer and the Colorado Division of Gaming agent. The player is accused of card counting, an action that he says is not illegal or punishable by law.
Charged with Counting Cards
As Shiraef tried to leave the casino after playing blackjack, officials stopped him, stating he violated a fraud statute because he counted cards. Card counting is not easy to do as it requires a mental tally of the cards that were dealt. In Colorado, using your brain is not illegal to count cards. This is according to a spokesperson for the Colorado Department of Revenue.
Card counting is illegal in Colorado only when the cards are marked, or some type of technology is used to earn the win. In an email on the matter yesterday, state officials said that the casinos have a right to ask a player to leave or stop playing the game, but they cannot be charged with a crime.
Players have been ejected in the past for such behavior and even blacklisted. It doesn’t happen often but is something that casinos will do to stop a continual winner.
No Probable Cause For Their Actions
Shiraef argues in his lawsuit that the casino and associated individuals had no probable cause to detain him. He was subject to Fourth Amendment rights violations as he was unreasonably searched. In the legal filing, the plaintiff says that the city of Black Hawk is to blame because it does not provide proper training to police offers.
The casino was accused of false imprisonment, negligent training, and refusing to cash in his chips. Shiraef is seeking $3 million from the lawsuit, which includes $1.5 million in damages, economic and compensatory damages. The other half will pay for punitive damages. He is also asking for attorney’s fees and costs.
Representatives for the individuals and entities named in the case have yet to respond. A dismissal was filed last year, but was not approved.
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