Chuck E. Cheese's sued for tot 'slots'

[MindPilot]

SAN DIEGO — A San Diego woman has sued the company that owns the Chuck E. Cheese’s family restaurant chain, claiming that many of the games intended for children at these locations are actually illegal gambling devices — like slot machines.

Denise Keller, a local real estate agent and mother of two daughters ages 3 and 5, filed the potential class-action suit in U.S. District Court March 29. According to court documents, she is asking for a jury trial and damages and restitution of at least $5 million.

But attorney Eric Benink, who represents Keller, said the money is a secondary issue. The purpose of the lawsuit, he said, is to prevent Texas-based CEC Entertainment Inc., which owns and operates the restaurants in 48 states, from keeping the machines in its game rooms.

“We don’t think that children should be exposed to casino-style gambling devices at an arcade,” Benink said, adding that the games take only a few seconds to play and some of them feature a roulette-style wheel.

http://www.signonsandiego.com/news/2011/may/12/federal-lawsuit-claims-chuck-e-cheese-promotes-ill/

[Joe the Revelator]

1. Some people need to lighten up

[Warpy]

2. Oh, FFS!

When I was six, my folks used to go to a beach in Maryland where slots were legal.

When I got bored with the sand castles and went looking for them, they'd let me play the nickel slots when the bouncer wasn't looking.

I've had a lifelong disdain for gambling because of it. Feeding money into slots and pulling a handle/pushing a button all day for little or no return sounds too much like work to me.

I do better at cards, but even that bores me pretty quickly.

[Horse with no Name]

8. We used to own racehorses so we spent time at the track as kids

My Dad taught us how to read racing forms and he would let us "bet" on the horses.

I loved it! One of my best memories with my Dad.

[Name removed]

3. Deleted message

Message removed by moderator. Click here to review the message board rules.

[MedicalAdmin]

10. Wow. Gotta any more native slurs? n/t

[Journeyman]

4. Seems like she's trying to figure a way to make those "slots" pay off big time. . .

[Joe the Revelator]

5. And 5 million dollars? THIS is why people want Tort reform

Gold diggers like this lady ruin it for people who really need restitution.

[Name removed]

7. Deleted message

Sub-thread removed by moderator. Click here to review the message board rules.

[jberryhill]

15. I see... Perhaps you might explain how this is a tort case to begin with

...then you might explain what "reform" would prevent them from being filed.

However, this class action case does not even involve a tort cause of action of any sort.

Would you care to describe your response in greater detail?

[Joe the Revelator]

18. I'd be happy to.

This is a 'tort' case because it's not a class action, the idea of a class action is only floated. No one has joined the class, and from the article, it's not clear if their is even an open case. What this is is one woman wanting restitution for.......

For what? How has she been wronged? She's allowed to cost cec a couple of tens of thousands of dollars defending itself against a lawsuit that has no merit, because it's not clear how this lady or her child were 'injured'. The reform would be not letting money hungry greedy people bring bullshit lawsuits against companies because of their moral outrage.

[jberryhill]

22. There are different kinds of law suits

A class action can be a tort case, if it is a tort cause of action.

Where you run off the rails is the point at which it is not a tort case - i.e. she is not claiming injury due to action or inaction of the defendant. She is seeking compliance with a gaming statute, as she interprets it. There are some statutory causes of action which are not tort claims, but which do provide for certain types of awards if successful.

"The reform would be not letting money hungry greedy people bring bullshit lawsuits against companies because of their moral outrage."

And how would this differ from the state and federal rules already in place, under which monetary sanctions can be made for frivolous lawsuits? You'll have to explain that in a little more detail.

And how would it stop anyone who wants to "bring" a bullshit lawsuit. You have some way of telling which ones are before they are filed or something?

Your estimate of "tens of thousands" is way off, btw. It is unlikely the claim, as described, would pass a perfunctory motion to dismiss.

[Joe the Revelator]

23. I'll defer to you due to semantics...

You're the attorney. It still seems like the lady is greedy.

[jberryhill]

24. It's not semantics

One of her causes of action is based in Section 17200 of the California Business and Professional Code. Her two other causes are contract claims (she is seeking recission of the contract under which customers purchase tokens for the chance of winning prize tickets).

None of those are tort claims.

By the way, the motion to dismiss was filed on May 6 already, but you aren't going to find that in the "Crazy Lawsuit Story".

If you actually want to know the claims in the suit, you can read it here:

http://www.archive.org/download/gov.uscourts.casd.347652/gov.uscourts.casd.347652.1.0.pdf

The motion to dismiss is here:

http://www.archive.org/download/gov.uscourts.casd.347652/gov.uscourts.casd.347652.6.1.pdf

[Joe the Revelator]

20. And for the record, how is a mass tort not a tort?

[jberryhill]

21. When it is a statutory cause of action

She is not claiming tort injury of any kind. She's seeking injunctive relief to compel compliance with her interpretation of the relevant gambling statute.

[tammywammy]

6. WTF is wrong with people?

You don't like arcades? Then don't fucking take your kids there. This should be thrown out and she should have to pay them their lawyer fees.

Best part of the article:
CEC notes that even if the arcade games were illegal, then Keller is an admitted participant in the illegal gambling. Therefore, she should be barred from seeking any damages or restitution.

[Trajan]

9. This is simple extortion ....FAR worse than a pretend roulette wheel ....

What nonsense ! ..... I hope that CEC goes after this one and has her repay their legal fees ....

Blatant extortion ...

[Buns_of_Fire]

11. "The money is a secondary issue..."

Suuuuuuuuuuuuuuuuuuuuuuuuure it is. "At least" $5 million. Ummm hmmm. She's obviously doing this For The Children, of course. Right. Gotcha. :eyes:

[izquierdista]

13. I can see Gloria Allred having a press conference

complete with kids watching the big roulette wheel being spun.

[Old Troop]

12. Ya know, when my kids were very small, we used to go to the officers

club at Ft Gulick for brunch after church. One of the high points for the kids was feeding nickels into slot machines in the bar. It was harmless fun (I kept any winnings of course) and my daughters are now very frugal adults who seldom visit a casino or buy a lottery ticket.

[Randy_P]

14. If you're going to sue Chuck E Cheese

Sue them for the food. Yech!

[LibDemAlways]

17. Agree. World's worst pizza. n/t

[Codeine]

26. Sue them for being dirty as hell inside.

I've been dragged to a few kids' parties there -- everything is covered with a film of grease.

[Initech]

27. I have a couple friends that used to work at one. I have heard some horror stories.

[LibDemAlways]

16. No one forces anyone to patronize Chuck E. Cheese. If this

woman doesn't like the machines there, she should stay the hell away. Prediction: This lawsuit will go nowhere.

[Shagbark Hickory]

19. Lady, get a job.

[brettdale]

25. Oh Dear

Shes not talking about skill cranes is she??? yeppers.

[They_Live]

28. I was just at Chuck's

on Friday, and it really is like Vegas for little kids. Then again, so are the games at any carnival. Worthy of a lawsuit? Nah, not really. Also, the pizza isn't that bad (kids like it). I'm sure cleanliness varies depending on location, and level of complete chaos.

[RamboLiberal]

29. Then don't take your kids there twit!

Frivolous. Hope judge throws her out of court!

[gauguin57]

30. Where I live, Chuck E. Cheese has to worry more about being the wild, wild west of food franchises!

There are constant fights both inside the "restaurant" and outside in the parking lot. The police are called all the time. It's nuts ... I wouldn't let any young person I care about go anywhere near that place.

Dunno about the kiddie slots.

[npk]

31. So I am assuming if she won she would give the money to charity

Since money is not the issue, or sorry it's only a secondary issue. Please it's always about the money.

[jmowreader]

32. I took my grandniece out to eat once

"Where do you want to go?"

'Oh, Chuck E. Cheese!' (Groan...)

Then she went on and on about how much fun Chuck E. Cheese is...

"But the pizza's no good."

We didn't go there.

[JVS]

33. I agree with this lawsuit. It is wrong to prey on kids with the kind of machines that help turn...

adults into compulsive gamblers.

[MindPilot]

34. It's wrong to prey on DUers with the kind of avatar that help turn...

adults into compulsive beer drinkers. :P

[JVS]

35. DUers are better equipped to deal with such influences than small children.

Although in some cases when discussing some issues (Olive Garden, Porn, Smoking Bans) I wonder...