Full opinion text
OPINION AND ORDER PETTINE, Senior District Judge. This case is before the court on cross motions for summary judgment. The plaintiffs instituted their suit pursuant to 28 U.S.C. § 1331 and § 1343 and 42 U.S.C. § 1983, alleging that Rhode Island General Laws § 11-19-30 et seq. and certain implementing regulations violate rights secured to them by the First and Fourteenth Amendments to the United States Constitution. They also assert several pendent claims grounded in state law. The challenged provisions regulate the licensing and operation of the game Bingo or Beano and vest the state police with the power to promulgate such regulations as may be necessary to implement the statutory objectives. The plaintiffs seek an injunction prohibiting the state from enforcing these regulations, as well as monetary damages, attorney’s fees and costs. I. Background A. The Parties The plaintiffs challenging the Rhode Island Bingo statute represent a varied cross-section of individuals, businesses, and organizations which are somehow involved in and/or benefited by the operation of the game of chance known as Bingo or Beano [hereinafter Bingo]. The plaintiffs are Allendale Leasing, Inc.; Louise LeBlanc; the Northern Athletic Club; the Darlington Braves, Inc.; Reali Bus Service, Inc.; and the New England Academy of TORAH [NEAT], Allendale Leasing is a corporation which leases Bingo equipment, paraphernalia, and game facilities and conducts Bingo games for various charitable organizations. Louise LeBlanc is the owner of Allendale Leasing, and has a criminal record consisting of four misdemeanor violations of the Bingo Laws. The Darlington Braves are a charitable organization which sponsors football and cheerleading programs for youths. The Northern Athletic Club is a charity which raises funds for scholarships for North Providence High School students. NEAT is a charitable organization providing residential religious education to Jewish youths. All three organizations fund a portion of their activities through proceeds from Bingo games, and the Northern Athletic Club and the Darlington Braves lease game facilities and equipment from Allendale Leasing. Finally, Reali Bus Service provides Bingo players with transportation to and from the games. The named defendants in this action are the Attorney General of the state of Rhode Island and Colonel Walter E. Stone, director of the Rhode Island State Police. As head of the police department, Stone is directly responsible under the Bingo statute for licensing, regulating, and supervising the operation of Bingo games and for promulgating the implementing regulations. See R.I.G.L. § 11-19-40 and § 11-19-41. B. The Rhode Island Statute The Bingo statute currently under attack by the plaintiffs was enacted by the Rhode Island Legislature in 1984. It supplanted a prior Bingo regulatory statute which was considerably less detailed and restrictive. The new law fashions a comprehensive scheme for regulating the registration, licensing, and operation of Bingo game activities as well as for the enforcement of pertinent regulatory restrictions. The statute, which is reproduced in full at Appendix A, establishes numerous requirements a charitable organization must meet in order to be properly registered by the state police to conduct Bingo games. R.I.G.L. § 11-19-31. It further sets forth specific conditions under which an application for registration shall be denied. Id. The statutory restrictions on the actual operation of Bingo games delineate who may participate in the game operation and what compensation they may receive; what percentage of gross game receipts may be applied to expenses; where the games may be conducted; and how frequently they may be held. R.I.G.L. § 11-19-32. The Bingo law also imposes certain limitations on the prizes that may be awarded, and requires all organizations to maintain financial records which are to be available to the state police on demand. Id. The Rhode Island Bingo law creates a detailed scheme for enforcing the requirements and restrictions listed above and for penalizing any violations. Under R.I.G.L. § 11-19-39 a charitable organization who willfully or knowingly violates a provision of the chapter may be subject to criminal liability. The provision also authorizes the state police to suspend or cancel an organization’s registration to conduct Bingo games if it finds the organization has committed any violations, including making false or misleading statements in its registration application. Any person whose registration has been cancelled or suspended is entitled to a hearing before the department within thirty days of their hearing request. R.I.G.L. § 11 — 19—39(b). The hallmark of the new Bingo law, however, is the section charging the state police with the implementation of its provisions. Section 11-19-40 instructs the director of the police department to promulgate rules and regulations that may be necessary to carry out the provisions of the chapter. In promulgating those rules, the director is to be guided by certain statutory standards setting forth conduct, conditions and activity deemed undesirable. They are as follows: (1) Fraud: The practice of any fraud or deception upon a participant in a game of chance; (2) Unsafe premises: The conduct of games of chance in, at, or upon premises which may be unsafe due to fire hazard or other such conditions; (3) Charitable funds: To assure that all the funds raised through bingo and charitable games are maintained and expended for bona fide charitable purposes; (4) Advertising: That advertising for all games of chance and bingo is conducted in accordance with the rules and regulations. Since the enactment of the Bingo law, the state police have adopted regulations pursuant to their statutory mandate. Although some regulations are merely reiterations of the statute’s provisions, others impose supplementary requirements and restrictions on charitable organizations, as well as on businesses engaged in the leasing of Bingo equipment and facilities. Rather than attempting to distill the contents of the regulatory compilation here, the pertinent rules will be summarily described below in the context of the plaintiffs’ legal challenges. C. Federal Constitutional Challenges The plaintiffs bring this suit pursuant to 42 U.S.C. § 1983 seeking a declaration that a number of provisions of the Rhode Island Bingo law and certain regulations promulgated thereunder violate rights secured to the plaintiffs by the United States Constitution. Specifically, they claim that portions of the statute and regulations are unconstitutionally vague; unconstitutionally overbroad; a deprivation of the plaintiffs’ First Amendment rights to freedom of expression and association; a deprivation of procedural due process; and a deprivation of their Fourteenth Amendment right to use their property in whatever lawful manner they desire. 1. First Amendment Challenges The plaintiffs’ First Amendment and overbreadth challenges are grounded in the theory that playing and conducting Bingo games is a form of expression and association that is protected activity under the Constitution. They claim that various statutory and regulatory provisions are time, place and manner regulations which unduly burden their First Amendment rights. An exhaustive explanation of each of the plaintiffs’ challenges would be a prolix exercise. Summarily, however, the plaintiffs contest the validity of the following provisions: (1) The limitation of the game expenses to 25% of gross receipts, R.I.G.L. § 11-19-31; (2) The requirement that the game be conducted exclusively by the sponsoring organization’s members, R.I.G.L. § 11— 19-32; (3) The requirement that no one involved in the management or control of the game be compensated, R.I.G.L. § 11 — 19— 32; (4) The limitation on the total dollar amount of the prizes that may be awarded at any single event, R.I.G.L. § 11-19-32; (5) The requirement that a given organization sponsor no more than two events per week, R.I.G.L. § 11-19-32; (6) The requirement that each event have only one sponsor, R.I.G.L. § 11-19-32; (7) The requirement that the games be conducted only on premises owned or affiliated with the sponsoring organization. R.I.G.L. § 11-19-32; and (8) The requirement that a Bingo event shall not be conducted at any single facility in excess of three times per week. R.I.G.L. § 11-19-32. The plaintiffs also challenge a number of the rules and regulations on First Amendment grounds, some of which merely mirror statutory provisions. Others elaborate on those restrictions and still others impose incidental and supplemental restrictions regulating, for example, the sale and leasing of Bingo equipment and facilities. See e.g. Rules and Regulations, Chap. 3, § IV. 2. Void for Vagueness The plaintiffs invoke the constitutional doctrine of void for vagueness to challenge two distinct types of statutory and regulatory provisions. The first type are restrictions containing terms such as “reasonable,” “fraudulent,” “fraud on the public,” and “health, safety and welfare of the state.” According to the plaintiffs, because these purportedly oblique terms are not more specifically defined, they are constitutionally infirm. The plaintiffs specifically attack portions of R.I.G.L. § 11-19-31 which direct the state police to deny registration to an organization if the applicant has engaged in a fraudulent enterprise, if the proposed game would be a fraud on the public, or if the activities to be financed would be incompatible with the health, safety, and welfare of the state. They also challenge the requirement of R.I.G.L. § 11-19-32 that all expenses deducted from the gross receipts of a Bingo game be reasonable. Finally, they dispute the validity of a regulation requiring that all leases for Bingo equipment and facilities be commercially reasonable. Regulations, Rules and Chap. 3 § IV. The plaintiffs also claim that a number of the state police’s regulations are void for vagueness because they confer either unlimited or vaguely limited discretion on the police to approve game sites and leases and to create appropriate exceptions to general rules and restrictions. For example, the Rules and Regulations, Chap. 2, § III provides that in addition to the grounds specifically enumerated in the statute, an application for registration may be denied “... for any other valid reason as determined by the Department.” Similarly challenged is a regulation which prohibits a person from working at Bingo games for more than one organization without the written approval of the State Police. Rules and Regulations, Chap. 3, § II. The plaintiffs contend that such rules are unconstitutionally vague because they reserve discretion in the police, which is unchecked by any meaningful, concrete standards. They also argue that the vagueness concerns are enhanced by the fact that the Bingo laws and regulations implicate First Amendment rights. 3. Procedural Due Process Claim The plaintiffs next claim that R.I.G.L. § ll-19-39(b) is unconstitutional in that it allows the state police to deprive a Bingo registrant of a property interest without due process of law. That section authorizes the police to revoke registrations for good cause, and requires them to afford the registrants a post-suspension hearing if requested within fifteen days of notice of suspension. It further mandates that such hearing will be held within thirty days of the formal request. The plaintiffs argue that because the statute does not specify a time period within which the hearing officer must render a decision, it is constitutionally flawed. f Claim to a Fourteenth Amendment Right in Property Owners to Dispose of Their Property in Any Lawful Manner They Desire Finally, the plaintiffs assert that the Bingo laws and regulations unconstitutionally restrict a property owner’s right to use his property as he sees fit. They point particularly to the regulations governing the leasing and sales of Bingo facilities and equipment. See e.g. Rules and Regulation, Chap. 3, § III and § IV. B. Pendent State Claims In addition to the Federal Constitutional claims enumerated above, the plaintiffs invoke the pendent jurisdiction of this court to interpose two state law claims. First, they allege that R.I.G.L. § 11-19-40, which allocates rulemaking responsibilities to the state police, fails to supply sufficient standards to guide the department in the exercise of that authority. Accordingly, they claim that the provision is an improper delegation of legislative power in violation of the Rhode Island Constitution. Alternatively, they argue that the regulations actually promulgated by the state police exceed the scope of authority granted them by the legislature. They presumably, therefore, seek a declaration that those regulations are void as ultra vires. II. DISCUSSION A. Jurisdictional Issues After reviewing the plaintiffs’ various claims, I conclude that this court’s authority to adjudicate them is significantly circumscribed by the parameters of Article III of the United States Constitution. Article III restricts the judicial power of the federal courts to “cases and controversies” properly before them. First, I am constrained to dismiss the plaintiffs’ procedural due process claim on the grounds that the proponents lack standing to assert it, and in any event, it is not yet ripe for review. In addition, the Supreme Court in the recent decision of Pennhurst State School & Hospital v. Halderman, 465 U.S. 85, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984) held that the federal courts are without jurisdiction to compel state officials to comply with state law. See id. at 917. Accordingly, the plaintiffs’ pendent state law claims must also be dismissed. Although the state of Rhode Island has neglected to raise these issues through the filing of appropriate motions, because they implicate the very jurisdiction of this Court, I must raise them sua sponte, 1. Procedural Due Process Claim As I have previously noted, the plaintiffs claim that the enforcement provisions of R.I.G.L. § ll-19-39(b) offend the constitutional guarantee of due process by failing to specifically provide for adequate post-suspension procedures. They assert that the statute, although it provides that a post-suspension hearing must be held within thirty days of a timely request, does not specify a time within which a decision must be rendered. None of the plaintiffs have alleged in their complaint that the State Police have failed to render a timely decision after a post-suspension hearing involving any of the plaintiffs or that there is a substantial likelihood that a prompt decision would not be rendered. Indeed, they have not even suggested that their registration to conduct Bingo games has been suspended pursuant to the challenged provisions or that such a suspension is imminent. Under Article III, federal judicial power is confined to actual “cases and controversies.” A justiciable controversy “must be definite and concrete, touching the legal relationships of parties having adverse legal interests. It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.” Aetna Life Insurance Co. v. Haworth, 300 U.S. 227, 240-41, 57 S.Ct. 461, 463-64, 81 L.Ed. 617 (1937) (citations omitted). This constitutional jurisdictional limitation has spawned several justiciability doctrines including those of standing and ripeness. Recognizing the interrelationship between these two doctrines, I hold that the plaintiffs’ procedural due process claims are nonjusticiable under either analysis. First, the plaintiffs have not alleged the constitutional prerequisite for standing to sue in federal court. Article III requires that a plaintiff have a personal stake in the outcome of the litigation; this requirement is met only if the claimant can demonstrate a distinct and palpable injury to himself that has been caused by the challenged conduct and is redressable through a favorable judicial decision. The plaintiffs here have simply not asserted that they have been injured in any way by the administrative procedures statutorily designated for Bingo registration revocation. Although the concept of constitutionally sufficient injury is a flexible and amorphous one, it has undoubtedly not been demonstrated here. In some instances, courts have recognized injury that is quite abstract and remote. See e.g., United States v. Students Challenging Regulatory Agency Procedures, 412 U.S. 669, 93 S.Ct. 2405, 37 L.Ed.2d 254 (1973) (finding sufficient injury caused to plaintiffs by rail freight surcharge which would arguably discourage use of recyclable goods, encourage greater use of virgin materials, and thus impair the pleasures of outdoor activities). In addition, the risk of future injury may be so tangible that it will be viewed as a present injury sufficient to support standing. See DiMarzo v. Cahill, 575 F.2d 15, 18 (1st Cir.), cert. denied 439 U.S. 927, 99 5. Ct. 312, 58 L.Ed.2d 320 (1978) (holding prisoners had standing to challenge fire hazards without demonstrating certainty of future injury or death). But even the most indulgent and sympathetic evaluation of the plaintiffs’ lot compels the conclusion that they have sustained no injury, however remote, due to the challenged procedures. Because the procedures have not been invoked against them, they obviously cannot assert a present harm; and certainly the very existence of the provision neither influences their present conduct nor impairs the present enjoyment of their rights. Likewise, the mere possibility that the plaintiffs’ registration might one day be suspended, that they might seek a post-suspension hearing pursuant to the statute, and that the hearing examiner might fail to render a timely decision cannot reasonably be interpreted as a threat of future harm, much less one so tangible as to elevate it to the status of a present injury. The plaintiffs’ due process claim must also be held nonjusticiable on the ground that it is not yet ripe for review. The ripeness doctrine generally precludes federal courts from exercising jurisdiction over cases involving “uncertain or contingent events that may not occur as anticipated, or indeed may not occur at all.” Wright, Miller and Cooper, § 3532. See also Metzenbaum v. FERC, 675 F.2d 1282, 1289-90 (D.C.Cir.1982). The instant claim rests on the paradigm hypothetical legal question that the ripeness doctrine bars. Indeed, it assumes not one, but two equally unlikely contingencies. First, the state police would have to revoke or suspend the plaintiffs’ Bingo registration and second, they would have to actually fail to render a timely decision subsequent to a post-suspension hearing. The centrality of either of these contingencies to the plaintiffs’ claim for relief would, standing alone, render it nonjusticiable. Federal courts have routinely held that actions premised on the possibility of suit, prosecution, or administrative action are not ripe for review. At the very least, the potential injury asserted must be clearly impending. See Hodel v. Virginia Surface Mining and Reclamation Ass’n., 452 U.S. 264, 304, 101 S.Ct. 2352, 2374, 69 L.Ed.2d 1 (1981) (holding claim challenging civil penalty not ripe since none of claimants had been involved in civil penalty proceedings); Vorbeck v. Schnicker, 660 F.2d 1260 (8th Cir.), cert. denied, 455 U.S. 921, 102 S.Ct. 1278, 71 L.Ed.2d 462 (1981) (holding challenge to police department regulations not ripe because plaintiffs had never been disciplined under those regulations). In addition, a claim for relief may not be based on the possibility that a governmental authority will take unconstitutional action under a broad yet facially valid legal provision. Such a claim does not present a factual situation in which the validity of a statute is challenged in a true adversarial context. Goodman v. Parwatikar, 570 F.2d 801, 805-06 (8th Cir.1978); Hometown Co-op. Apartments v. City of Hometown, 515 F.Supp. 502, 505 (N.D.Ill.1981). 2. Pendent State Claims The plaintiffs have appended two types of state law challenges to their federal constitutional suit; they contend that certain Bingo statutory provisions and regulations violate the state non-delegation doctrine and that a number of the state police regulations are void as ultra vires. The plaintiffs accordingly have requested that the state police be enjoined from enforcing them. I hold that the United States Supreme Court’s recent decision in Pennhurst v. Halderman, supra, 103 S.Ct. at 900, directs dismissal of these claims on the ground that they are barred by the Eleventh Amendment to the United States Constitution. The Eleventh Amendment provides “The Judicial power of the United States shall not be construed to extend to any suit in law or in equity, commenced or prosecuted against any one of the United States by Citizens of another State, or by Citizens or subjects of any Foreign State.” Decisions of the Supreme Court rendered subsequent to the Amendment have interpreted the sovereign immunity it confers to extend beyond its literal terms. Thus “an unconsenting State is immune from suits brought in federal court by her own citizens as well as by citizens of another state.” Employees v. Missouri Public Health & Welfare Dep’t., 411 U.S. 279, 280, 93 S.Ct. 1614, 1616, 36 L.Ed.2d 251 (1973). See also Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890). In addition, the Eleventh Amendment not only bars suits against a State and its departments or agencies, but also against state officials where the relief sought would operate against the sovereign. Hawaii v. Gordon, 373 U.S. 57, 83 S.Ct. 1052, 10 L.Ed.2d 191 (1963) (per curiam). A judgment is deemed to operate against the State if it would expend itself on the public treasury, interfere with public administration, restrain the Government from acting, or compel it to act. Dugan v. Rank, 372 U.S. 609, 620, 83 S.Ct. 999, 1006, 10 L.Ed.2d 15 (1963). In the landmark decision of Ex Parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), the Supreme Court recognized an important exception to the above cited prohibition of suits against state officials. It held that notwithstanding the Eleventh Amendment, a federal court may enjoin a state official from enforcing a state law that violated the Fourteenth Amendment to the United States Constitution. The holding in Young was premised on the theory that an unconstitutional statute is void, and that a state official acting pursuant to it is actually acting outside of the scope of his official responsibilities. Accordingly, he should be compelled to answer to his ultra vires acts. Id. at 160, 28 S.Ct. at 454. Ex Parte Young, therefore, permits federal courts to issue at least some types of injunctive relief against state officials for violation of state law. In Pennhurst v. Halderman, supra, 104 S.Ct. at 900, the Supreme Court held that the holding of Ex Parte Young does not extend to suits for prospective injunctive relief against state officials for violation of state, as opposed to federal law. The original suit in Pennhurst was instituted by a class of mentally retarded Pennsylvania citizens against various state and county officials. The plaintiffs alleged that the conditions maintained at Pennhurst State School and Hospital for the mentally retarded violated certain federal constitutional and statutory rights, as well as their rights under the Pennsylvania Mental Health and Mental Retardation Act of 1966. The District Court, invoking the authority of Ex Parte Young, issued an injunction against the defendants ordering them to conform their conduct to the requirements of the State statute. The Supreme Court reversed the District Court’s decision, rejecting its finding that the principles in Young were equally applicable to prospective injunctive relief issued against state officials for violation of state law. Writing for the Court, Mr. Justice Powell found that the ultra vires theory postulated in Young was in actuality a “necessary” fiction created to permit the vindication of supreme federal rights. Pennhurst, 104 S.Ct. at 910. He noted, however, that the need to reconcile the supremacy of federal law with the constitutional immunity of the states is wholly absent when a plaintiff alleges that a state official has violated state law. “In such a case the entire basis for the doctrine of Young and Edelman disappears.” Id. at 911. In conclusion, the Court held that the Eleventh Amendment deprived the Court of Article III jurisdiction, which it otherwise would have had under principles of pendent jurisdiction, to entertain the plaintiffs’ state law claims. Id. at 917-19. The plaintiffs in the instant action argue that Pennhurst does not bar their state law claims because the state of Rhode Island has waived its sovereign immunity. In their support, they cite this Court’s decision in Marrapese v. Rhode Island, 500 F.Supp. 1207 (D.R.I.1980). Marrapese held that Rhode Island, through its state tort claims act, had waived its Eleventh Amendment immunity to a suit under the Civil Rights Act challenging police officers’ application of a carcinogenic chemical to an arrestee’s skin. I agree with the plaintiffs’ contention that if Rhode Island has in fact waived its Eleventh Amendment immunity to the instant suit, Pennhurst is indeed inapplicable here. A waiver of sovereign immunity would remove any obstacle to a citizen’s federal action against a state qua state, or to a suit for money damages against either the state or state officials in their official capacity. It is axiomatic that any bar to injunctive relief against a state official for an alleged violation of state law would likewise be removed. The pertinent questions before me, therefore, are first, whether the State has waived its immunity to suit in federal court, and second, whether any such waiver extends to the plaintiffs’ suit. It cannot be disputed that a State has the capacity to waive its Eleventh Amendment immunity. See Clark v. Barnard, 108 U.S. 436, 447, 2 S.Ct. 878, 883, 27 L.Ed. 780 (1883). In Marrapese, supra, I held that Rhode Island, through enacting its State Tort Claims Act, R.I.G.L. § 9-1-25, had consented to suit in federal court, at least in cases where the alleged constitutional violation arises from activities that are in the nature of tort at common law. Marrapese, 500 F.Supp. at 1209. See also Naughton v. Bevilacqua, 458 F.Supp. 610, 618 (D.R.I.1978), aff'd 605 F.2d 586 (1st Cir.1979); Bowen v. Evanuk, 423 F.Supp. 1341, 1342-43 (D.R.I.1976); Laird v. Chrysler Corp., 92 F.R.D. 473, 474 (D.Mass.1981). Subsequent to my decision, the Rhode Island Supreme Court, on certification from the United States District Court for the District of Massachusetts, held that the state Tort Claims Act indeed waived the sovereign’s immunity to suit in federal as well as state court. Accordingly the state had consented to be sued in federal court as a joint tortfeasor and for contribution and indemnity. Laird v. Chrysler Corp., 460 A.2d 425, 427-30 (R.I.1983). It does not follow from the Laird decision, however, that Rhode Island has waived its immunity to the plaintiffs’ claims in the case at bar. The relinquishment .of Eleventh Amendment rights may not be lightly inferred. Petty v. Tennessee-Missouri Bridge Commission, 359 U.S. 275, 276, 79 S.Ct. 785, 787, 3 L.Ed.2d 804 (1959). Indeed, the Supreme Court has held that federal courts should find waiver “only where stated ‘by the most express language or by such overwhelming implications from the text as [will] leave no room for any other reasonable construction.’ ” Edelman v. Jordan, 415 U.S. 651, 673, 94 S.Ct. 1347, 1360, 39 L.Ed.2d 662 (1974), quoting Murray v. Wilson Distilling Company, 213 U.S. 151, 171, 29 S.Ct. 458, 464, 53 L.Ed. 742 (1909). This presumption that immunity has not been waived surely applies to the scope of a State’s consent to be sued as well as to the existence of consent in the first instance. The statute from which this Court and the Rhode Island Supreme Court have construed an Eleventh Amendment waiver is one that expressly consents to suit in tort only. It provides that: The state of Rhode Island and any political subdivision thereof, including all cities and towns, shall, subject to the limitations set forth in § 9-1-25, hereby be liable in all actions of tort in the same manner as a private individual or corporation, provided however, that any recovery in any such action shall not exceed the monetary limitations thereof set forth in the chapter. R.I.G.L. § 9-31-1. This language has been construed to permit a suit against the State in federal court which is based either on a state tort action, see e.g., Laird, supra, 460 A.2d at 430 (permitting third party action for joint tortfeasor contribution and indemnity), or on a federal claim which is considered “traditionally tortious.” See Marrapese, supra, 553 F.2d at 752 (§ 1983 action based on improper police conduct resembled battery); Naughton, supra, 458 F.Supp. at 610 (§ 1983 action based on improper medical treatment resembled negligent or intentional tort). I think it obvious that the plaintiffs’ state law claims neither state a cause of action in tort nor could be deemed tortious in nature. The state actions that the plaintiffs challenge — alleged ultra vires official acts and improper delegation of state power — are uniquely State acts. A private individual may simply not commit and be sued in tort for such acts. Thus, the plaintiffs’ claims are clearly outside the scope of the statutory consent of the State to be held “liable in ... tort in the same manner as a private individual.” R.I.G.L. § 9-31-1. Heeding the Supreme Court’s directives in Edelman, supra, I cannot properly construe the State’s waiver to extend beyond its literal terms. Finally, as this Court noted in Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Rhode Island Lottery Commission, 553 F.Supp. 752, 766 n. 9 (D.R.I.1982), the Rhode Island legislature did not intend, through the enactment of its Tort Claims Act, to subject the State to liability for the discretionary and administrative acts of its subdivisions and officials. Consistent with this conclusion, the Rhode Island Supreme Court has denied recovery in state court to plaintiffs advancing such claims. See Ryan v. State of Rhode Island Department of Transportation, 420 A.2d 841, 843 (R.I.1980); Calhoun v. City of Providence, 120 R.I. 619, 390 A.2d 350, 356 & n. 5 (1978). 3. Related Abstention Issue Having decided that this Court is without jurisdiction to entertain the plaintiffs’ pendent state law claims, I find I am necessarily constrained to abstain from passing on the constitutionality of the challenged state police regulations. Except to the extent that the contested regulations mirror challenged statutory provisions, the plaintiffs’ constitutional objections to the regulations need not be reached if the regulations are ultra vires as alleged. Since under Pennhurst I am prohibited from deciding the ultra vires question, I must abstain under the principles enunciated in the similar case of Railroad Commission of Texas v. Pullman Company, 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). The Supreme Court in Pullman held that where the resolution of an unsettled question of state law may obviate the need for a federal court to reach a constitutional issue, it should abstain pending an authoritative ruling on the question by a competent state tribunal. Thus Pullman abstention imposes two prerequisites to its invocation: that a pertinent question of state law be unsettled and that a ruling on the question would nullify a federal constitutional question. The latter requirement is clearly met in the instant case. A state court determination that the Bingo Regulations exceeded the scope of the State Police’s regulatory authority would moot the plaintiffs’ constitutional objections to those regulations. As to whether the state law is unclear on the legality of the State Police’s action, Pennhurst appears to bar a decision on the ultra vires issue in any event. At the same time, this Court must “eschew the decision of cases on constitutional grounds unless and until all other available avenues of resolution [are] exhausted.” Aggarwal v. Ponce School of Medicine, 745 F.2d 723, 726 (1st Cir.1984). In this particular situation, therefore, because I not only should not but indeed cannot resolve the potentially dispositive state law question, Pullman abstention appears mandatory. Accordingly, the plaintiffs’ constitutional challenges to the State Police Bingo Regulations are dismissed without prejudice, and this Court retains jurisdiction over those claims pending proceedings in the state courts pursuant to American Trial Lawyer’s Ass’n. v. New Jersey Supreme Court, 409 U.S. 467, 469, 93 S.Ct. 627, 629, 34 L.Ed.2d 651 (1973). B. First Amendment Challenges I now turn to the plaintiffs’ First Amendment challenges to the various provisions of the Bingo Statute. The analytical framework that has been employed by federal courts to vindicate First Amendment values often involves the balancing of interests and is difficult to reduce to a single, definitive standard. Generally, however, the regulation of expression and association may take two basic forms; it may be aimed directly at the dissemination of ideas or information or it may restrict the flow of ideas and information consequent to the pursuit of a distinct governmental goal. The first type of regulation, which actually focuses on ideas, subject matter, or content of expression, presumptively violates the First Amendment. Police Department of the City of Chicago v. Mosley, 408 U.S. 92, 95-96, 92 S.Ct. 2286, 2289-90, 33 L.Ed.2d 212 (1972) (striking down content related picketing prohibition). It is obvious that the Bingo laws and regulations neither seek to restrict the content of expression nor discriminate among speakers. The second type of governmental restriction, sometimes referred to as “time, place, and manner regulation”, is motivated by state interests unrelated to speech and expression, but has the effect of infringing on the free exercise of First Amendment rights. For example, a state, in an effort to control noise on public streets, might outlaw sound trucks in residential areas. In so doing, it effectively restricts the means through which ideas and information might be expressed. See Kovacs v. Cooper, 336 U.S. 77, 69 S.Ct. 448, 93 L.Ed. 513 (1949). Federal courts will uphold such regulation if it is reasonably related to important state interests and it does not unduly infringe on protected activity. Id. This standard of review requires a balancing of the competing interests. The court must consider the extent to which the protected activity is inhibited against the state interests that are vindicated through the regulation. See Note, Less Drastic Means and the First Amendment, 78 Yale L.J. 464 (1969). Under a First Amendment balancing analysis, therefore, courts have struck down relatively direct interferences with protected activity where the relevant statutes were not narrowly drawn to serve the asserted legitimate state interest without unnecessarily interfering with First Amendment rights. First National Bank of Boston v. Bellotti, 435 U.S. 765, 786, 98 S.Ct. 1407, 1421, 55 L.Ed.2d 707 (1978). See also Hynes v. Mayor of Oradell, 425 U.S. 610, 620, 96 S.Ct. 1755, 1760, 48 L.Ed.2d 243 (1976) (striking down ordinance barring live entertainment); Buckley v. Valeo, 424 U.S. 1, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976) (striking down election campaign expenditure limitations). On the other hand, courts will uphold reasonable regulations affecting free speech if they leave open effective alternative channels for expression. Virginia Pharmacy v. Virginia Citizens Consumer Council, 425 U.S. 748, 771, 96 S.Ct. 1817, 1830, 48 L.Ed.2d 346 (1976). After reviewing the plaintiffs’ various contentions, I conclude that the challenged statutory provisions simply do not infringe on protected First Amendment activity. It is therefore unnecessary and indeed impossible to balance the interests involved since the plaintiffs may assert no protected interest. Accordingly, the validity of the challenged laws and regulations must be assessed according to the less rigorous standards of the due process clause of the Fourteenth Amendment; they will be upheld provided they are not unreasonable in light of legitimate state objectives. In determining whether governmental regulations interfere with protected First Amendment interests, it is necessary to initially identify the precise interest that the plaintiffs assert. The plaintiffs in this action have argued that their rights to freedom of expression and association somehow encompass a right to participate, in one manner or another, in the game of Bingo. I find that because a state government may totally prohibit the game of Bingo without running afoul of the First Amendment, the mere regulation of the game certainly cannot be deemed to violate First Amendment rights. Bingo is a game of chance; in less euphemistic terms, it is commonly known as gambling. It cannot be gainsaid that a state government may lawfully prohibit gambling in the exercise of its police power, Douglas v. Commonwealth of Kentucky, 168 U.S. 488, 503, 18 S.Ct. 199, 204, 42 L.Ed. 553 (1897). Indeed, in many states gambling is forbidden by the State Constitution. See, generally, 54 C.J.S. 860, n. 3. It has never been seriously contended that such state constitutional provisions impair federally protected First Amendment rights. Since a comprehensive ban on Bingo would not violate First Amendment rights, neither can less restrictive state regulation of the game. The legalization of a game of chance does not confer it with protected status under the First Amendment where none existed before. It is true, of course, that a government by establishing a new legal right, may incur new burdens and obligations. For example, once a state creates a right or privilege that it was under no constitutional compulsion to extend, it may not withdraw the right without affording constitutionally adequate procedures even though it could withhold it altogether. Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1967) (state may not condition employment benefits on relinquishment of free exercise rights). But the plaintiffs here assert a First Amendment right to play Bingo, not a statutory expectation. First Amendment rights are fundamental and static, and their existence or nonexistence may not be modified by a state legislature. Accordingly, I hold there is no First Amendment right to conduct or play Bingo, regardless of whether the game is completely prohibited or statutorily permitted subject to regulation. In spite of the telling fact that states have outlawed Bingo and other forms of gambling without engendering any serious debate on the First Amendment propriety of such state action, the plaintiffs persist in their argument that Bingo is protected activity. In support of their proposition, they liken Bingo, as a form of entertainment, to protected expression such as films and dancing. I find this argument wholly unpersuasive. The Supreme Court has indeed recognized that certain forms of entertainment as well as political speech, constitutes protected expression under the First Amendment. See e.g., Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 72 S.Ct. 777, 96 L.Ed. 1098 (1952) (holding coin operated mechanism for viewing live nude dancing expression); Schad v. Borough of Mount Ephraim, 452 U.S. 61, 101 S.Ct. 2176, 68 L.Ed.2d 671 (1981) (holding motion pictures protected expression). In order to be accorded constitutional protection, however, entertainment must be designed to communicate or express some idea or information. See Schad, supra, 452 U.S. at 65, 101 S.Ct. at 2181 (nude dancing); Erznoznik v. Jacksonville, 422 U.S. 205, 208-10, 95 S.Ct. 2268, 2272-73, 45 L.Ed.2d 125 (1975) (drive-in movies); Southeastern Promotion, Ltd. v. Conrad, 420 U.S. 546, 556-58, 95 S.Ct. 1239, 1245-46, 43 L.Ed.2d 448 (1975) (stage musicals); Schacht v. United States, 398 U.S. 58, 62-63, 90 S.Ct. 1555, 1558-59, 26 L.Ed.2d 44 (1970) (street theatrical skits). Although the line between informing and entertaining may frequently be an elusive one, Winters v. People of State of New York, 333 U.S. 507, 510, 68 S.Ct. 665, 667, 92 L.Ed. 840 (1948), I do not hesitate to hold that a Bingo game in itself is wholly devoid of the requisite communicative and informative elements. Although the Bingo may involve interaction and communication between runners and participants, any such communication is singularly in furtherance of the game; it is totally divorced from a purpose of expressing ideas, impressions, feelings, or information unrelated to the game itself. For similar reasons at least two federal district courts and one state court of last resort have held that video games are outside of First Amendment protection. See Malden Amusement Co., Inc. v. City of Malden, 582 F.Supp. 297 (1983); America’s Best Family Showplace Corp. v. City of New York, 536 F.Supp. 170 (E.D.N.Y.1982); Marshfield Family Skateland, Inc. v. Town of Marshfield, 389 Mass. 436, 450 N.E.2d 605 (1983); Caswell v. Licensing Commission For Brockton, 387 Mass. 864, 444 N.E.2d 922 (1983). In America’s Best, 536 F.Supp. at 174, the District Judge did not hesitate to uphold an ordinance banning video games. He stated, “I find ... that although video games may be copyrighted, they ‘contain so little in the way of particularized expression’ that video games cannot fairly be characterized as a form of speech protected by the First Amendment.” Id. Bingo, certainly, is even less a subject of constitutional protection than are electronic games. At least the latter could conceivably be conceptualized as the “author’s expression of a particular idea or fantasy ... transmitted to the consumer by means of audio and visual effects.” Caswell 444 N.E.2d at 926. However the depiction of the operation of a Bingo game as creative expression eludes even the most fecund imagination. The plaintiffs have also argued that the Bingo law infringes on participants’ rights to freedom of association. This contention must be rejected as well. First Amendment freedom of association guarantees people an opportunity to express their ideas through association with, or membership in, an identifiable group. NAACP v. Button, 371 U.S. 415, 430-31, 83 S.Ct. 328, 336-37, 9 L.Ed.2d 405 (1963); NAACP v. Alabama ex rel. Patterson, 357 U.S. 449, 460, 78 S.Ct. 1163, 1170, 2 L.Ed.2d 1488 (1958). Of course, this right extends to “forms of ‘association’ that are not political in the customary sense but pertain to the social, legal, and economic benefit of the members.” Griswold v. Connecticut, 381 U.S. 479, 483, 85 S.Ct. 1678, 1681, 14 L.Ed.2d 510 (1965). The Supreme Court’s recognition of freedom of association does not extend to a right of potential Bingo players to play Bingo. First, these players are not an identifiable group sharing common ideas and beliefs. While in some instances the players may be members of the same group or club, their affiliation is with the club rather than a group of Bingo players. Second, even if Bingo players did constitute a recognizable group, gathering to play Bingo would not advance the social, legal, and economic benefits to the members in a sense that the Supreme Court would accept. The only interest advanced would be that of the individual who wins the Bingo game. Although the plaintiffs may not assert a First Amendment right to play and conduct Bingo, they implicitly argue in the alternative that the Bingo laws and regulations, by placing some limitations on the fundraising capabilities of various charitable organizations, have an impact on their First Amendment right to propound their respective views and ideas. The plaintiff organizations do indeed have such a right; the operative question is whether the Bingo statute and regulations have impaired that right, either directly or indirectly. I believe they have not. Plaintiffs rely heavily on the Supreme Court’s recent opinion in Secretary of State of Maryland v. Joseph H. Munson Company, Inc., — U.S. -, 104 S.Ct. 2839, 81 L.Ed.2d 786 (1984) to support their First Amendment challenges. In Munson, the Court held a Maryland statute placing a 25% limitation on charitable fundraising expenses was unconstitutionally overbroad because the percentage restriction on charitable solicitation unconstitutionally impinged on the solicitation activities. Id. at 2848-54. The plaintiffs argue that this holding is applicable to the expense limitation imposed by the statute and regulations on the operation of Bingo games. In doing so, they misperceive the analytical underpinnings of the Court’s decision. The Court relied primarily on the earlier case of Village of Schaumburg v. Citizens for a Better Environment, 444 U.S. 620, 100 S.Ct. 826, 63 L.Ed.2d 73 (1980) in reaching its conclusion. Schaumburg applied a heightened scrutiny to strike down a municipal ordinance providing that charitable organizations could receive and maintain a license authorizing door to door solicitation only upon “[sjatisfactory proof that at least seventy-five percent of the proceeds of such solicitations will be used directly for the charitable purposes of the organization. The ordinance explicitly excluded salaries and commissions of solicitors as well as various organizational administrative expenses from the definition of charitable purposes. Schaumburg 444 U.S. at 624, 100 S.Ct. at 829. The Court's invalidation of the Schaumburg ordinance was not premised on a conclusion that fund raising in itself is inherently protected activity. It applied a heightened standard of review because the persona] solicitation of funds by an organization is inextricably intertwined with the dissemination and promotion of the group’s views or causes. The Court explained: Prior authorities, therefore, clearly establish that charitable appeals for funds, on the street or door to door, involve a variety of speech interests — communication of information, the dissemination and propagation of views and ideas, and the advocacy of causes — that are within the protection of the First Amendment. Soliciting financial support is undoubtedly subject to reasonable regulation but the latter must be undertaken with due regard for the reality that solicitation is characteristically intertwined with informative and perhaps persuasive speech seeking support for particular causes or for particular views on economic, political, or social issues, and for the reality that without solicitation the flow of such information and advocacy would likely cease. Id. at 632, 100 S.Ct. at 833. Given these facts, the court concluded that a regulation of solicitation, because it imposed direct limitations on protected activity, must be narrowly tailored to achieve legitimate state objectives. The reasoning of Schaumburg is obviously inapposite to the instant case. The plaintiffs have not asserted that the Bingo game is necessarily intertwined with the propagation of the sponsoring organization’s views. On the contrary, common knowledge would indicate that the game itself is a purely recreational/commercial activity. And even if the plaintiffs had alleged that sponsors often use Bingo games as a forum for their views, it would be absurd to argue that without the Bingo game “the flow of such information and advocacy would likely cease.” See Schaumburg, 444 U.S. at 632, 100 S.Ct. at 833. Finally, the plaintiffs suggest that the regulations, by restricting their ability to hold Bingo games, deprives them of the financial means to engage in protected speech and association. Once again, I certainly find no direct limitation on protected activity. The statute and regulations at issue merely regulate the game of Bingo; they do not impose direct limitations on monies an organization may spend or attain to further its causes. See Buckley v. Valeo, supra, 422 U.S. at 1, 96 S.Ct. at 612 (per curiam) (striking down statutory limitations of campaign expenditures and contributions). At best plaintiffs can assert that the Bingo laws and regulations place some restrictions on how much money organizations could raise through conducting Bingo games. Under the most onerous circumstances, a charity, having been denied a license altogether, might be forced to initiate different fundraising projects to finance its operations. Under other circumstances, the amount an organization would raise through Bingo might be limited by regulatory ceilings on prizes or frequency of games. As to the plaintiffs’ challenge to the expenditure limitations, they seem designed to bolster an organization’s potential proceeds rather than to impair them. The only plaintiffs who might be financially harmed by those provisions are professional fundraisers and leasing companies. It would be attenuated indeed for them to argue that such potential fiscal harm would lead to a constitutionally cognizable consequence of an inhibition of the free exercise of their First Amendment rights. In any event, the impact of such limitations on the ability of any of the plaintiffs to freely exercise its First Amendment rights is far to diffuse and remote to constitute an interference with those rights. The commercial act of collecting or raising funds, if it is totally divorced from expression interests, must be subject to reasonable government regulation. Cf Schaumburg, supra, 444 U.S. at 635, 100 S.Ct. at 835 (suggesting ordinance would be enforceable against organizations whose speech interests were severable from fund-raising activities). The mere fact that a law may indirectly affect an organization’s financial wherewithal to conduct its activities cannot, standing alone, subject the law to strict scrutiny. Were it otherwise, the logical result would be that a plaintiff could invoke heightened review of any law or regulation limiting commercial activity; he could simply espouse the theory propounded here that by limiting fundraising options, the state had impaired the facility with which he could exercise First Amendment rights. The fallaciousness of the plaintiffs’ argument, accordingly, seems evident. Having found that the challenged Bingo law and regulations do not abridge First Amendment rights, I reject the plaintiffs’ argument that heightened scrutiny of those provisions is warranted. Instead, their validity must be measured by the lowest level of scrutiny, the rational basis test. See New Orleans v. Dukes, 427 U.S. 297, 303, 96 S.Ct. 2513, 2516, 49 L.Ed.2d 511 (1976). I find that the plaintiffs have failed to meet their onerous burden of proof in establishing that the Bingo laws and regulations are not legitimate and reasonable exercise of the state police power. The state has articulated the very important goal of prevention of fraud as justification for the scheme. While the regulations could have been more precisely drawn to achieve those goals, that is not the relevant inquiry here; I must refer to the legislature’s judgment unless it was unreasonable. Accordingly, I find it unnecessary to provide a detailed discussion of the reasonableness of each separate challenged provision. I think it evident that each of them survives the appropriate scrutiny. Finally, even assuming for the sake of argument that the Bingo laws may be characterized as infringing on First Amendment interests, the interference is so slight and indirect that a balancing of the relevant interests would likewise only require the state to show the reasonableness of the legislation. See, e.g., Adderley v. Florida, 385 U.S. 39, 87 S.Ct. 242, 17 L.Ed.2d 149 (1966); Cox v. Louisiana, 379 U.S. 559, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965); Kovacs v. Cooper, supra, 336 U.S. at 77, 69 S.Ct. at 448. My conclusion, therefore, would not be altered. C. Void for Vagueness and Over-breadth Since I have held that Bingo laws do not abridge First Amendment values or interests in any conceivable scenario, the plaintiffs’ facial challenge based on over-breadth is necessarily rejected. The plaintiffs have also contended, however, that the statute is facially void for vagueness. In the recent case of Village of Hoffman Est. v. Flipside, Hoffman Est., 455 U.S. 489, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982) the court stated: A law that does not reach constitutionally protected conduct and therefore satisfies the overbreadth test may nevertheless be challenged on its face as unduly vague, in violation of due process. To succeed, however, the complainant must demonstrate that the law is impermissibly vague in all of its applications. Id. at 497, 102 S.Ct. at 1193. Without addressing the issue of whether the challenged provisions might be unconstitutionally vague in some imaginable application, it is clear that the plaintiffs have not made the requisite showing for a facial challenge. D. Right to Use Property in Any Lawful Manner The plaintiffs finally assert that the Bingo laws violate their due process rights to pursue their business. While they can claim such an interest, it is not a fundamental one. Accordingly, these challenges require only the minimal scrutiny that I have already undertaken, and thus clearly do not enhance the plaintiffs’ claim for relief. For the foregoing reasons, the plaintiffs’ First and Fourteenth Amendment challenges to the Bingo Law and those regulations that mirror the statutory provisions are rejected. Accordingly, summary judgment is granted for the defendants. Plaintiffs’ pendent state claims and procedural due process challenge are dismissed for want of federal jurisdiction. Finally, the plaintiffs’ constitutional challenges of the State Police Regulations are dismissed without prejudice, and this court retains jurisdiction pending a resolution of pertinent state law questions by the Rhode Island state courts. So ordered. APPENDIX A CHAPTER 19 GAMBLING AND LOTTERIES Section. 11-19-1. Promotion of lotteries. 11-19-30. Definitions. 11-19-30.1 — 11-19-30.3. [Repealed.] 11-19-31. Registration of charitable organizations. 11-19-32. Operation of bingo games. 11-19-33. Bingo games — Announcement of prizes. 11-19-34. Use of name of charitable organization to conduct games of chance. 11-19-35. Pull-tab lottery tickets. 11-19-36. Organizations permitted to conduct other games of chance. 11-19-37. Issuance of licenses. 11-19-38. Change of information. 11-19-39. Enforcement and penalties. 11-19-40. Rules and regulations. 11-19-41. Police regulation of bingo and games of chance. 11-19-42. Forfeiture of charter rights and privileges. 11-19-43. Acts of officers, directors, representatives, or agents acting within the scope of their authority. 11-19-44. Remedies cumulative. 11-19-45. Severability. 11-19-1. Promotion of lotteries. — Every person not authorized by the Rhode Island state police who shall, directly or indirectly, set up, put forth, carry on, promote or draw, publicly or privately, any lottery, chance, game or device of any nature or kind whatsoever, or by whatsoever name the same may be called, for the purpose of exposing, setting for sale or disposing of any money, houses, lands, merchandise or articles of value, or shall sell or expose to sale lottery policies, purporting to be governed by the drawing of any public or private lottery, or shall sign or endorse any book, document or paper whatsoever, for the purpose of enabling others to sell or expose to sale, lottery policies, shall be deemed guilty of a felony and shall be imprisoned not exceeding two (2) years or be fined not exceeding two thousand dollars ($2,000), Provided, however, That any state, city, town, ward or district committee elected pursuant to the provisions of title 17, or certified candidates, but not both, as defined in title 17, shall be allowed to conduct that lottery commonly known as a “twenty (20) week club” or conduct a raffle once within a twelve-month period subsequent to notification to the Rhode Island Lottery Commission. For the purposes of this section a certified candidate shall not include any state, city, town, ward or district committee person. 11-19-30. Definitions. — The following definitions within this chapter shall apply: (a) Charitable organization — Any benevolent, educational, philanthropic, humane, patriotic, social service, civic, fraternal, police, labor, religious, eleemosynary person and/or persons holding themselves out to be a charitable organization. (b) Charitable purpose — Any benevolent, educational, humane, patriotic, social service, civic, fraternal, police, labor, religious, eleemosynary purpose provided that no part of the net earnings inures to the benefit of any private shareholder or individual. (c) Department — The division of state police unless otherwise described. (d) Director — The term director shall mean the superintendent of state police or his designee. (e) Game — The game commonly called “Bingo” or “Beano” or substantially the same game under any other name. 11-19-30.1 — 11-19-30.3. [Repealed.] 11-19-31. Registration of charitable organizations. — No charitable organization which intends to conduct the game within the state of Rhode Island shall conduct such game unless it shall file a registration statement with the department upon prescribed forms and receives a certificate of approval. In addition, in order to obtain a renewal of registration, such charitable organizations shall file the statements required by this chapter prior to June first of each year. It shall be the duty of the president, chairman or principal officer of such charitable organization to file the statements required under this chapter. Such statements shall be sworn to and shall contain the following information: (1) The name of the organization and the purpose for which it was organized. (2) The principal address of the organization and the address of any officers in this state. If the organization does not maintain an office, the name and address of the person having custody of its financial records. (3) The place where and the date when the organization was legally established and the form of its organization. (4) The names and addresses of the officers, directors, and/or trustees of the organization and the names and addresses of officers, staff and/or members who receive a salary or any other form of compensation the source of which is the proceeds from the game subject to paragraph (9) hereof. (5) A copy of the annual financial statement of the organization audited by an independent certified public accountant for the organization’s immediately preceding fiscal year, or a copy of a financial covering, in a consolidated report, complete information as to all the preceding year’s fund-raising from the game showing kind and amount of funds raised, costs and expenses incidental thereto, and allocation or disbursements of funds raised. (6) The general purpose or purposes for which the proceeds from the game shall be used. (7) The name or names under which it intends to conduct the game. (8) The names of the individuals or officers of the organization who will have final responsibility for the custody of the proceeds from the game. (9) A listing of the names, addresses and the compensation of all individuals, directors, officers, agents, servants and/or employees of the organization who receive compensation, commission, or other remuneration, directly or indirectly from the gross receipts of the game, in excess of seven hundred fifty dollars ($750) annually. (10) The names of the individuals