Justices pound lawyers in Rockaway’s gambling case

Skeptical S.C. Supreme Court justices on Tuesday interrogated lawyers on both sides of an unusual gambling case, a case in which a compulsive gambler seeks to recoup some $700,000 in illegal video poker losses from Rockaway’s and Pizza Man eateries.

From Mario Pacella, who argued that admitted illegal gambler Lauren Proctor should be able to recover her losses from Rockaway’s and Pizza Man, justices wanted to know why – if they ruled for Proctor – other kinds of criminals, such as illegal drug users, wouldn’t be able to use the courts to try to get money back from drug dealers?

“What kind of monster would we create?” asked Chief Justice Jean Toal. “This puts us in a position where a person who commits an illegal act could get a windfall.”

And Associate Justice Don Beatty reminded lawyer Jim Griffin, who argued for Rockaway’s and Pizza Man, that those eateries shouldn’t reimburse Proctor – that the purpose of a existing state law that allows gamblers to sue for money they lost is to discourage gambling.

Later, Griffin and Pacella’s colleague, Pete Strom, were both optimistic about their chances.

Strom said state law is on Proctor’s side. “It’s clear that the Legislature wants to protect people from gambling losses. They want people to be able to get their money back. People go bet their whole paycheck sometimes.”

A ruling that would allow Proctor to recover losses can be confined to gambling, Strom said. “Gambling is something very unique; it’s not a drug dealer.”

Griffin said, “There were tough questions for both sides, and fair questions. In our view the justices were being asked to do something that sets a dangerous precedent – who can come in courts and sue for illegal losses.”

If Rockaway’s and Pizza Man lose, the case will go back to Richland County Circuit Court. A trial would decide how much money Rockaway’s and Pizza Man must pay Proctor.

Under the section of the Unfair Trade Practices Act that Proctor brought suit, she would be entitled to triple damages of any amount the court awards her.

Rockaway’s, on Rosewood Drive in Columbia, is a popular eating and drinking spot. For years, its offerings included video poker machines in addition to hamburgers and beer. Its clientele includes college students, working folks, university professors and professionals. It is so well-known it has no identifying sign. Rockaway’s is known for its pimento cheeseburgers and a visit from President George W. Bush in 2005.

In 1999, Proctor began playing Rockaway’s and Pizza Man’s video poker machines. In 2000, the machines became illegal, but Rockaway’s and Pizza Man continued to have the machines, and Proctor continued to play them, according to court records. She lost between $1,000 and $5,000 a week from 2000 to 2005.

In the early 2000s, the FBI took Proctor into custody and charged her with embezzling hundreds of thousands of dollars from her employer. To get a lighter sentence, Proctor became a federal informant, helping the FBI gather information about illegal gambling operations at Rockaway’s and Pizza Man, according to court records.

In 2005, the FBI raided Rockaway’s, seizing the machines.

This story was originally published May 19, 2015 at 1:24 PM.