AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

The case concerns the legality of a hand-held electronic device called "Power Bingo," which simulates traditional bingo gameplay. The device stores up to 200 simulated bingo cards and automates the process of marking numbers and identifying winning patterns. The New Mexico Regulation and Licensing Department determined that Power Bingo is not permissible under the Bingo and Raffle Act and directed bingo licensees to discontinue its use. The supplier of Power Bingo units sought declaratory relief and an injunction against the Department, arguing that the device does not alter the rules of bingo (paras 1, 3-5).

Procedural History

• Trial Court: Entered a declaratory judgment determining that Power Bingo devices are not excluded under the Bingo and Raffle Act (para 1).
• Court of Appeals: Affirmed the trial court's decision, reasoning that Power Bingo does not fundamentally alter the game of bingo (para 2).

Parties' Submissions

• Plaintiffs-Respondents (Citation Bingo): Argued that Power Bingo does not alter the statutory directives of how bingo is played and relied on prior case law, including Infinity Group, Inc. v. Manzagol, to support their position (paras 2, 10).
• Defendants-Petitioners (Regulation and Licensing Department): Contended that Power Bingo is a prohibited gambling device under New Mexico law and inconsistent with the Bingo and Raffle Act, emphasizing the state's strong public policy against gambling (paras 1, 19, 23).

Legal Issues

• Whether the use of Power Bingo devices is permissible under the Bingo and Raffle Act.
• Whether Power Bingo devices qualify as prohibited gambling devices under New Mexico law.

Disposition

• The Supreme Court of New Mexico reversed the Court of Appeals' decision and remanded the case to the trial court for entry of judgment in favor of the Defendants (para 2).

Reasons

Per Ransom J. (Baca C.J., Franchini, Frost, and Minzner JJ. concurring):

• The Court held that Power Bingo devices are "gambling devices" as defined under NMSA 1978, Section 30-19-2(B) and Section 30-19-3(F), which prohibit the use and setup of such devices (para 2).
• The Court emphasized New Mexico's strong public policy against gambling and applied a narrow interpretation of the Bingo and Raffle Act. It found no statutory provision authorizing the use of Power Bingo devices (paras 2, 19, 23).
• The Court overruled Infinity Group, Inc. v. Manzagol, which had previously allowed electronic pull-tab simulations, reasoning that the legislature did not intend to permit electromechanical gaming devices without explicit authorization (paras 11, 18).
• The Court rejected the argument that Power Bingo merely aids in playing bingo, noting that it fundamentally changes the nature of the game by automating key elements such as marking numbers and identifying winning patterns (paras 5, 22).
• The Court concluded that any change in public policy to allow such devices must come from the legislature, not the judiciary (para 24).