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From: The Metrowest Daily News (Online) Moroney; Getting a grip on reality? By Tom Moroney Thursday, October 31, 2002 Where have you gone, Mr. Claw?  If you think that's a silly sentence, wait until you see the punch line. Framingham police two weeks ago paid a visit to Bickford's Family Restaurant on Rte. 30 and ordered the place to shut down its "claw" toy-dispensing vending machine on the grounds that it is illegal. Some call it a crane machine.  Either way, it's the glass-encased trinket holder that offers the chance to drop in coins and, using the claw inside, go fishing for a toy - from goblins at Halloween to little Santas at Christmas. This novelty device is as American as pancakes and syrup, and probably just as old. Who knew it was unlawful? "The claw machine is a game of chance," said police Lt. Wayne McCarthy, the town's licensing office and deliverer of the bad news to Bickford's. And any game of chance, according to McCarthy, is illegal under Massachusetts law, Chapter 271, section 5a. Of course, I pointed out, the Lottery is a game of chance and that's not illegal, but we all know why. The state gets big bucks for all the chances we take on that. Interestingly, towns and cities get money from the claw machines too. You see, not every municipality enforces the claw law, banning them. Marlborough, according to my sources, has more than several. And local licenses can range from $75 to $150 a year. The machine at Bickford's in Framingham was licensed, which only added to the shock of the restaurant manager, who did not want his name used. "Yes, I was very surprised when it happened," he said. "It had been here for years. I really didn't see the point. "It's kind of strange," he added. Strange maybe. But necessary, according to McCarthy, who, as license officer, oversees the registration of everything from guns to sex offenders to claws. (Can we all agree sex offenders are probably more dangerous than vending machines stocked with small pillows featuring Casper the Ghost?) So why the crackdown? The reason was Wal-Mart, McCarthy said. The giant chain, which recently opened a new store on Rte. 9 in Framingham, applied for permission to install a kiddie ride and a claw machine. McCarthy, in reviewing the license, vetoed the claw. "Wal-Mart had no problem with the decision," he said. But McCarthy said he began thinking about the other claw machines in town. "If I was going to say no to Wal-Mart, it wasn't fair to let the others go," he said. So he made his rounds on a Saturday two weeks ago, dropping by Bickford's, Papa Gino's and the Tin Alley Grill, ordering them to unplug the machines and have them removed. To be fair, McCarthy is a good cop and a straight-shooter. And there is some historical background that gives him reason to be so attentive here. Back in the '80s, police removed seven or eight games of chance from Fun and Games, the Rte. 9 arcade.   A big court battle ensued, and since then, the town has tried to be diligent on these matters, he said. So I decided to do some diligence of my own. I dropped by the Tin Alley Grill, one of the places he visited, and saw that the restaurant still had its machine going.  It is dubbed, "Treasure Chest," and, for $2 a play, will provide the claw operator with a toy every time. A manager at Tin Alley said the guarantee of a toy every time meant the machine did not represent a game of chance and therefore was legal. Not so, said McCarthy when I told him of my observations. "I told Tin Alley to remove it," he said. "I may have to go back and visit them." And then he added: "How does it feel to be a police informant?" What a comedian. Even if it gives a toy each time, McCarthy continued, the game still relies more on chance than skill, thus violating the law. "But who determines that line between chance and skill?" said Rob Slade, who owns the claw machine that was ordered removed from Bickford's. Slade, whose company, Adventure Vending Co., is based in Southborough, said he has 150 claw machines operating in four New England states. "And Framingham is the only town where I've had any trouble," he said. "Why are they going after me? There's really no harm here." In fact, Slade said, it may not even be a violation of law.  He said a judge in Los Angeles in 1998 ordered a claw machine similar to Slade's be tested to see if success was based on chance or skill. The independent tester, he said, concluded that the claw machine is indeed a game of skill. "You get better at it the more you play," he said. I'm not sure I'd want to find out. Still, the machines do seem like a rather innocent enterprise. "What would you say to the teary-eyed boy who'll wonder, 'Where's Mr. Claw?' " I asked McCarthy. "I'd say, 'Son, put your money in a safe place,' " he replied. Now, why didn't I think of that when my kids were clamoring for coins and a shot at the claw?

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