The machines are, in the opinion of one Massachusetts Gaming Commissioner, against the law.
HOLYOKE - As Massachusetts expands casino gambling under its 2011 Gaming Law, lawmakers and state officials are only beginning to wrestle with what that law means for the video poker machines in many veterans-post barrooms across the commonwealth.
These are the machines that American Legion and Veterans of Foreign War posts depend on to fund baseball teams and youth programs and provide aid to their fellow veterans in a time of need.
"In my estimation they are illegal," said Enrique A. Zuniga, a member of the Massachusetts Gaming Commission. "The question is, who is going to enforce that?"
Zuniga, who lives in Boston's Jamaica Plain neighborhood, said the commission has not taken a formal vote, and he was only speaking for himself. He said the state only allows gambling under a few limited exceptions: horse racing, charity raffles and now casinos.
He testified at a hearing of the state's Committee on Economic Development and Emerging Technologies convened and chaired by state Rep. Joseph F. Wagner, D-Chicopee, Tuesday afternoon at Holyoke Community College.
The subject was a bill brought forward by state Rep. Thomas J.Calter, D-Kingston, that would direct the commission to license as many as 10 slot machines per veterans post.
Calter, who was present Tuesday, filed the legislation after state authorities started enforcing bans on the machines at veterans posts in Plymouth which is part of his district.
Plymouth's veterans link that enforcement to the June opening of Plainridge Park Casino in nearby Plainville.
It escaped no one's attention that the hearing took place on the eve of Veterans Day and on the 240th birthday of the Marine Corps.
The machines have been considered legal, he said, as long as they are marked for entertainment purposes only. Some towns around the state licese them and collect a fee.
Phil Ryan, junior vice commander at American Legion Post 40 in Plymouth, said the machines at his post help keep it afloat. They take in $5,700 a month which the post claims as taxable income, he said.
"At our post, if you win you do get cash," he said. "There is a limit as to how much cash you can win at a time. Everyone abides by the rules."
But gambling isn't really the point. the point is collecting money to serve the community.
"We turn away no veteran in need," said Ryan, a Marine veteran of the Vietnam era..
Louis Brault, of Chicopee, is the state commander of the American Legion. A Vietnam veteran himself, he said local posts have had to deal with enforcement. He said he hasn't noticed or been told of increased scrutiny since casinos became legal.
But if the machines and their revenue went away, the posts would have to curtail their charitable activities and community programs.
"This is how we pay for our baseball teams. This is how we pay for Boy's State and Girl's State," Brault said.
The committee took no action. Members of the committee include: state Sen. Eric Lesser, D-Longmeadow, state Rep. Aaron Vega, D-Holyoke, state Rep. Carlos Gonzalez, D-Springfield and state Rep. Gailanne M. Cariddi, D-North Adams.