The difference between the poker played at Shane and Laurie Anderson’s home in The Legends, a pricey housing development in one of Delaware’s fastest-growing areas, and what is going on in dozens of other homes in Delaware may only have been a matter of degree.

The Andersons and housemate Matthew Balotin face gambling and child-endangerment charges after Middletown police busted them at their home a week ago. They are out on bail.

When the Andersons’ game grew in popularity over the past year, and after they reportedly installed an ATM machine and had a topless waitress or two — one of whom may have been Laurie Anderson — it became something more than just a game.

Parking problems provoked complaints from neighbors — some of whom, police say, participated in earlier, low-key games — which triggered the investigation.

But take away the topless waitresses and pots that held thousands of dollars, and the charges help expose the ambiguity in Delaware’s gambling laws: Playing unlicensed poker for money is illegal. Probably.

State officials and others who are in a position to deal with gambling and the problems that arise from it are confused.

“The lines have gotten so blurred,” said Lisa Pertzoff, executive director of the Delaware Council on Gambling Problems. “I thought the Friday night penny poker game was legal, but a deputy [attorney general] assured me it was wrong. I thought it was illegal only if the house took a cut.”

And don’t bother asking the Attorney General’s Office, which prosecutes gambling cases.

“The Department of Justice does not analyze the statute for hypothetical cases,” the office responded to a News Journal request for clarification. “When charges are brought to our attention we make prosecution decisions by reviewing them individually on their merits.”

Frank Long, former chairman of the Delaware Gaming Control Board, who has dealt with gambling issues for nearly a decade, is certain of the rules.

“Anytime money is exchanged, it’s against the law,” he said. “It’s simply against the law to gamble without a license. If I decided to start up a poker game, that would be against the law, just like illegal numbers.”

But poker playing among friends has been going on for generations.

“There are 20 to 30 games that go on throughout the area,” said Sean, a professional gambler from Stanton, who says he now spends up to five nights a week in Atlantic City making a living playing poker. He declined to give his full name. “Are they going to bust everyone who has their college buddies over to smoke cigars and bet money?”

Probably not. That would take a lot of manpower.

Then again, the bigger players aren’t all that hard to find. There are dozens of games played each week in the state, and there are even more people actively looking to play.

There also are Web sites, including www.homepoker games.com, which allow users to advertise for players to come to their homes. Last June, Anderson advertised on the site to recruit players to his home.

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Author Contact Info: Victor Greto, The News Journal