Don’t Flip for the Dinner Bill

“Virginia is for Lovers” is the famous travel slogan for the Commonwealth of Virginia, but apparently, Virginia law draws the line at lovers of speculative wagers, i.e., gambling. Imagine you are on a casual date, still wondering whether this relationship will go anywhere, and the waitress lays the check in the middle of the table. As you both reach for your wallets, you awkwardly chuckle and say, “Let’s flip for it.” Stop right there. Not only will this make a terrible impression on your date, but in Virginia, it is a misdemeanor.

While the Commonwealth’s statutes do not specifically mention dinner wagers, the practice falls squarely within Virginia’s prohibition on illegal gambling, raising the possibility (albeit, an unlikely possibility) of criminal liability for what most would consider a harmless action.

Virginia Code § 18.2-325 defines illegal gambling as making, placing, or receiving any bet or wager of money or other valuable consideration – including the purchase of a product – in exchange for a chance to win something of value when the outcome depends on an uncertain event or matter of chance. A coin flip to determine whether you or your date pays double-or-nothing for dinner meets every element of this definition: money is at stake, the outcome is uncertain, and chance – not skill – determines the winner.

The statute’s reach extends beyond traditional gambling venues. Whether the wager occurs at a casino, on a street corner, or at a farm-to-table restaurant makes no legal difference under Virginia law. The rule originally was designed as a strict anti-gambling measure to prevent casual wagering in public businesses. While local police are not actively raiding dining establishments, the law is a reminder of Virginia’s historic zero-tolerance stance on gambling.

Various municipalities across Virginia also have codified their own versions of the gambling prohibition, ensuring that coin-flipping dinner companions face exposure at multiple levels of government. Individual participants in a coin-flip dinner bet would face misdemeanor charges under both state law and many applicable local ordinances. And, while a single misdemeanor may seem trivial, the legal consequences multiply rapidly for a commercial business that regularly permits such wagering.

What about dinner at home? If two friends flip a coin at a private residence to determine who pays for a home-cooked meal, they fare somewhat better under the statute – but only if the residence is not commonly used for such games and your host is not taking a cut. Virginia Code § 18.2-334 permits games of chance in private residences, but only when the residence is not commonly used for gambling and no one is facilitating the activity for profit. Thus, a casual, one-time coin flip between friends in a truly private setting likely qualifies as an exception, but introducing regularity, your host’s participation, or any commercial element would strip away any protection.

Now, if you choose to gamble the dinner bill and win, but your date refuses to pay, you’re out of luck. Apart from criminal liability, Virginia law makes gambling contracts legally unenforceable. Virginia Code§ 11-14 states that all wagers and contracts where any part of the consideration involves money or a valuable thing bet at any game, sport, or pastime are “utterly void.”

In practical terms, this means that even if two friends agree to flip a coin for dinner, neither could sue to enforce the agreement if the loser refuses to pay.

While a dinner-date tab might seem insignificant, many restaurant meals can exceed that amount rather considerably – a group celebrating a milestone at an upscale steakhouse could easily run up a tab of several hundred dollars per person. However, the statute makes no distinction based on the amount wagered. A coin flip for a $6 coffee and a coin flip for a $500 tasting menu both constitute illegal gambling under Virginia law.

Admittedly, the practical likelihood of prosecution for flipping a coin is minimal, but the practice technically falls on the wrong side of the law. Simply put, flipping a coin to decide who pays for dinner constitutes an illegal wager under Virginia’s broad statutory definition of gambling. Perhaps the better way to settle dinner-payment disputes – and impress your date – is to swallow the lump and pay for dinner, or simply split the bill, laugh, and call it a night.

If you have questions about this article, please contact Denise Reverski (dreverski@setlifflaw.com) at (804) 377-1272 or Steve Setliff (ssetliff@setlifflaw.com).