Gambling: Town Law May Be Irrelevant
The weather has been ideal for the Viking Starliner's advertised "cruises to nowhere," gambling outings from Montauk Harbor into Federal waters. And despite official disapproval and a local law against the possession of gambling equipment, it appears the Starliner's roulette wheel will continue turning, its slot machines spinning, and its cards shuffling, for now at least.
The first cruise took place Friday night, reportedly with a prominent Montauk resident, Dick Cavett, providing a bit of entertainment with an impressive display of card trickery.
"Oh, boy, it's fun. I bet I know 20 percent of the people by their first name, and others I've seen around. We've had some big winners. One woman won $700 at a slot machine," Capt. Paul Forsberg, the Starliner's owner, said yesterday.
No Control
"On Saturday night," he added, "a guy won $800 at the roulette wheel. There's been a great response; people coming down shaking my hand. I'm sure there's criticism, but I haven't heard it directly."
The subject came up on Tuesday during an informal East Hampton Town Board session at Town Hall.
Speaking in reference to a letter from James Greenbaum, Mr. Forsberg's attorney, Rick Whalen, the deputy town attorney, advised the board that it appeared the state and its municipalities had no control over gambling activities.
"I wouldn't hold out hope that we can regulate this," Mr. Whalen said.
Legal Precedents
Mr. Greenbaum's letter, sent to Town Supervisor Cathy Lester, argued that Chapter 60 of the Town Code, which forbids the possession of gambling equipment, was superseded by Federal law allowing gambling on boats beyond the state's three-mile territorial limit.
He also presented two precedent decisions, one by the State of New York Department of Law and one by the City of New York Law Department.
"A specific state statute would have to be adopted before any legal action can be taken to ban cruises to nowhere in the State of New York.. . . Federal law has clearly pre-empted any local authority," Mr. Greenbaum said in his letter. The lawyer offered to work with town officials "regarding the reasonable regulation of legal offshore cruises."
Knobel: No Complaints
Councilwoman Nancy McCaffrey suggested during Tuesday's meeting that "some ferry legislation might have an impact on a gambling boat." Mr. Whalen said no: "Assuming it's legal, it would have the same restrictions as a party fishing vessel."
"Let's do some research. That's what people want," suggested Councilman Peter Hammerle.
Councilman Thomas Knobel said yesterday that despite published reports, the Town Board had received virtually no complaints about the gambling boat. He said he doubted that research would turn up anything that would preclude Captain Forsberg's venture.
Mr. Forsberg, captain of the Viking fleet of party-fishing boats, said yesterday he planned to add another gambling trip, this one aimed at senior citizens, from noon to 5 p.m. on Thursdays.
Otherwise, the cruise to nowhere leaves the Viking Dock in Montauk at 7:30 p.m. every night except Monday and returns at 12:30 a.m. The cost is $20, unless Lady Luck stays onshore.