Legality of Card Counting

As long as you are not using some kind of electronic device to count cards, it is perfectly legal to count cards. Of course, just because it’s legal doesn’t mean the casinos will let you get away with counting once they suspect you of being an advantage player.

Since casinos are private properties, they have the power to refuse entry/exclude any player for any reason. Courts have rules that players barred from casinos cannot claim to have been discriminated against since a blackjack player is not a member of a ‘suspect classification’. These legal classifications are ethnicity, sex, age, disability and in certain instances sexuality. Therefore in Vegas at least the casinos can bar anyone for any reason.

In Atlantic City the New Jersey Supreme Court ruled that casinos cannot bar players simply for card counting. They are however, permitted to change the rules of the game in any way they like, making it much more difficult for counters. Such moves would include shuffling more frequently or imposing flat betting on suspected counters.

Backrooming

Backrooming is the practice where a casino will escort a card counter into a back room (away from public areas) in order to harass the player, take photographs, read the trespass act etc. Under US law, no private business can legally detain someone who has committed no crime. Therefore if you are requested to accompany a member of security, you have the right to refuse. In Nevada, casinos do, however, have the right to question individuals they suspect of cheating. It is always best to leave before security asks you to accompany them anywhere.

How to avoid problems

1. Keep your play short. Ideally to under one hour. The casino will have insufficient time to assess your play.
2. Increase bets incrementally (see Parlay method). This gives the allusion that you are just another player after a good time.
3. If you sense you are being watched or that the security are coming for you just pick up your chips and leave the casino without fuss. You can always discretely cash in your chips later when the next shift is working.