PA Judge Rules Poker Game of Skill

Three cheers for once to Pennsylvania! I have been rough on the state and local government, but finally, we have a judge that knows the game we all love!

Poker hero of the Year: Judge Thomas Jones

“The Court finds that Texas hold’em poker is a game where skill predominates over chance. Thus, is it not ‘unlawful gambling’ under the Pennsylvania Code.”

Article found through Poker Players Alliance via CardPlayer.com:

A Pennsylvania judge has dismissed a case against a resident who ran a small-stakes poker game out of his garage on the basis that poker is a game of skill and can’t be governed under the Commonwealth’s gambling laws.

Columbia County Judge Thomas James couldn’t be clearer in the last paragraph summing up his ruling: “The Court finds that Texas hold’em poker is a game where skill predominates over chance. Thus, is it not ‘unlawful gambling’ under the Pennsylvania Code.”

The ruling only covers the judge’s jurisdiction, which is Columbia and Montour counties, located north-East Pennsylvania.

The Commonwealth charged two people with unlawful gambling for hosting a $1-$2 no-limit game in their garage. No rake was charged, but players were encouraged to tip the dealer. State police got wind of the game and sent an undercover officer to it around 20 different times to investigate, and charges were filed.

Pennsylvania’s laws governing gambling specifically define gambling games as games that rely predominantly on chance.

Pete Campana, the attorney representing the two defendants and a life-long poker player, knows that poker is not a game of chance.

“I’ve seen poker players of all calibers; there’s no question in my mind that skill controls poker more than luck of the draw,” he said.

Campana referenced a wide-range of texts, including “Caro’s Secrets of Winning Poker,” and noted that there are more than 600 books on improving poker play. The entire ruling can be found on the Poker Player Alliance’s webpage.

“The judge in this case issued a well-researched and reasoned decision which supports arguments the PPA and others have made about poker being a game of predominant skill,” said John Pappas, executive director for the PPA. “The decision does not have legal precedent outside the two rural counties in Pennsylvania, however, it is a significant victory in the overall battle to demonstrate that poker is not pure chance gambling. The PPA hopes to leverage this win in other trials in other states where we have an opportunity to argue the skill of poker.”

Campana does believe that the ruling may force legislators to either expand Pennsylvania’s unlawful gambling law to include poker or change the law to regulate the game of skill.

You can read the complete and official ruling from Judge James at Poker Players Alliance!

This ruling is also important because the fight has started in our state congress to allow gaming tables (Poker, BlackJack, Craps... etc...) to our casino's in Pennsylvania! Thanks Again Judge James!

[PSA] Daniel Negreanu on UIGEA

Important message from Negreanu and the Poker Players Alliance (and again, I urge each and everyone of you to join), also a nice tip on how not execute a bad bluff:

Bad News for US Online Poker Players

Online Poker very much in jeopardy in the states...

As you may have heard, our idiot president bush has rushed his midnight deals, starting January 19th, the day before Obama takes office, the UIGEA (unlawful internet gaming enforcement act) will go into effect.. From the AP:

The rule from the Treasury Department and Federal Reserve requires those companies to establish procedures to prevent payments in connection with unlawful Internet gambling. They would be expected to comply by Dec. 1, 2009.

The law sought to curb online gambling by prohibiting financial institutions from accepting payments from credit cards, checks or electronic fund transfers to settle online wagers. But the law did not offer a clear definition of Internet gambling, instead referring to existing federal and state laws, which themselves provoke differing interpretations.

From PPA's (Pokers Players Alliance) Chairman Alfonse D’Amato:

Yesterday, in a move reminiscent of 2006 when the Unlawful Internet Gaming Enforcement Act [UIGEA] legislation passed in the dead of night, the Bush Administration finalized the UIGEA regulations. These so called “midnight rules” are set to go into effect on January 19th, 2009, the day before President-Elect Obama takes office. Even though the President stated many times he was against midnight rulemaking, his actions undermine those words.

Right now, the Poker Players Alliance (PPA) is preparing for a potential lawsuit against the UIGEA because its vagueness will likely force banks and other payment processors to over-block lawful Internet poker transactions. Thusly, the PPA is looking for a few good men and women to stand with us in a potential lawsuit. As a paid PPA member, your support has been crucial to our successes. The PPA is prepared to underwrite the complete cost of potential litigation we just need members like you to be part of our action.

We are looking for certain characteristics from our members who would be in this potential lawsuit. Firstly, you would incur no legal costs of your own, and would not be in danger of any kind of prosecution for your actions. If you fit the follow characteristics and would be interested in helping, please let me know as soon as possible,

1. Engage regularly and currently in internet poker;

2. Earn money through internet poker–the greater the percentage of one’s total income the better;

3. Report net internet gaming income on one’s federal and state tax returns; and

4. Reside in or game from a state where such activity is not illegal.

Plaintiffs who are required either by circumstance (e.g., care for children) or health (e.g., disabled) to remain at home and who therefore, earn their income solely from internet gaming would be highly desirable. Members of the military stationed in a war zone who engage in internet gaming would also be desirable.

If you are interested in being interviewed by PPA’s legal counsel to serve as a plaintiff in this potential case send us an email at uigealitigation@pokerplayersalliance.org. You must include the following information in your email, and a member of our legal team will contact you.

Name

Contact Phone Number

State of Residence

Date of Birth

Thanks so much, and I look forward to standing up to this injustice with you.

Proud to Play,
Alfonse D’Amato, Chairman
Poker Players Alliance

Once again, this is bullshit and I encourage anyone out their to head over to the Poker Players Alliance and join and help support the battle for our RIGHTS!

Election Day!

Regardless of whom you want in office, GO VOTE!

Banning Internet Gambling on Republican Party Platform

With the election just a day away, I want to stress one more time to my fellow poker players just what may be at stake if Republicans win tomorrow....

from PokerWorks

The Republican Party platforms of 2000 and 2004 included the following statement:

“Millions of Americans suffer from problem or pathological gambling that can destroy families. We support legislation prohibiting gambling over the Internet or in student athletics by student athletes who are participating in competitive sports.”

When the 2008 platform was released last week, the above passage was originally omitted, and the media was made aware of it. As word began to spread throughout the poker media in particular and it was taken as a positive sign that the Republicans had possibly returned to their roots of protecting individuals’ privacy, things changed. Suddenly, a new look at the platform indicated that it had been added at a later time. Whether it was an attempt at deception or a mere oversight on the first released draft of the platform, the Republican Party has again made its intentions clear.

The inclusion of such language caught the eye of more than just the poker media; many mainstream political outlets picked up on the story and expressed frustration with such a moralistic-based political stance. CQ Politics was one of those outlets, and in an article by CQ staff writer Bart Jansen, poker pro and 2004 WSOP champion Greg Raymer was quoted as saying, “My point is simple. Is the Republican Party no longer the party of personal freedom and individual responsibility? Why has this party, that used to protect my rights, now become the party that wants to create a nanny-state?”

The Republican Party platform that includes the goal of prohibiting internet gambling – and that does include poker, as it has not been designated a game of skill – is the platform that Senator John McCain has adopted as the Republican candidate for the office of U.S. President.

It is becoming clearer that the work of the Poker Players Alliance is not only important but urgent. The lobbying organization with over a million members has been making progress over the past year but must have the active support of those members to truly make a difference. Not only is it vital that poker players and fans of the game let their Congressional representatives know their views, but Senator McCain should be made aware of our powerful constituency as well.

Vote!

From the Poker Players Alliance!

The upcoming elections are fast approaching and your poker rights are on the line, now more than ever. The next U.S. Congress will make key decisions about the future of Internet poker, so you can’t sit this hand out. You need to go to the polls on November 4th and support candidates who support your rights.

Before you head to the polls, please take a few minutes to visit: www.congressionalpoker.org . There at our new Congressional ratings site, you can see how your US Senators and Congressman in Pennsylvania are rated in regards to their stance on Internet poker.

Making proactive changes in our Nation’s capitol starts with your participation on Election Day in Pennsylvania. With your help, we can ensure that poker will be treated fairly by our elected officials.

Palin and Gambling

Just read on Eagle Forum Alaska the following questionnaire, it was sent to all gubernatorial candidates for the 2006 election for Governor of Alaska with their responses.

One question of significance to poker players is the following:

6a. Do you support the expansion of gambling in Alaska?

Sarah Palin: No, in so many cases, gambling has shown ill effects on families and as Governor I would not propose expansion legislation.

This woman is one heart attack away from being President if McCain is elected!!!!

If you care about poker, especially online poker, this is a HUGE reason to vote Democratic on Tuesday....

Support Online Poker

The federal elections in the United States are less than 45 days away. This is the time, once every four years, when elected officials actually listen to voters. If you are a poker player and you want the right to play poker online, then you need to take two minutes to go to the Poker Player Alliance website and fill out this form, which will be sent to your Congress person and both of your Senators. This is a new legislative notice, if you have written in the past, please do it again today. Might I suggest that you add a line or two at the beginning of the pre-packaged message. Here is what I (Cranky Olde Coot from Pokerblog.com)wrote:

"This year, I am a single issue voter. You either fully support my right to play poker online or you are against me. No half-ass political double-speak. If you fully support the right of all Americans to do with their money and time whatever they see fit, then you have my vote. If you don't, then your opponent gets my vote. I wanted to keep it simple, so you understand. You are for us or against us and my vote will reflect your position. If I do not hear from you before the election or if you send some non-committal bullshit about further studies, I am voting for the other guy. I hope we are clear on this issue."

More US of A Poker Communism!

Ky. governor seeking to block online gambling

Wow, is this the United States or commmunist China? And this by a Democratic "pro-poker" Gov! Unreal!

FRANKFORT, Ky. (AP) _ Kentucky's pro-gambling governor is looking to make sure all bets are off for more than 140 online gambling Web sites that operate in the state known for the world's biggest horse race.

Gov. Steve Beshear said his administration has asked a Franklin County Circuit Court judge to give the state control of 141 gambling Web site domain names. Beshear said he's looking to restrict Kentuckians' access to Web sites with names that include some of the most popular gambling sites for U.S. players: bodoglife.com, doylesroom.com and fulltiltpoker.com.

A hearing is scheduled for Thursday before Judge Thomas Wingate.

Beshear believes Kentucky is the first in the country to attempt to block online gambling by taking over Web domain names of gambling sites.

"Unlike casinos that operate on land or on riverboats in the United States, these operations pay no tax revenues, provide no jobs and yield no tourism benefits," Beshear said at a Monday afternoon Capitol press conference. "They are leeches on our communities."

Kentucky, home to the Kentucky Derby, already has a state lottery and allows gambling at horse tracks and bingo halls. Blocking internet gambling sites in Kentucky would "protect the signature industry," Beshear said.

Such sites "siphon off money from regulated and legal games such as Kentucky's thoroughbred racing industry, our lottery and charitable gaming activities," Beshear said.

Although Kentucky officials did not have a definite estimate of how much money is being lost to online gambling in Kentucky, Beshear claimed residents were wagering millions online.

Justice Secretary J. Michael Brown said the state is asking the court to forfeit control of the domain names to Kentucky state government. Brown said if successful, the domain names would then controlled by Kentucky state government and subsequently blocked.

"There is gambling going on on the Internet and we know that that gambling is illegal in the commonwealth of Kentucky," Brown said.

Beshear, a Democrat, largely based his campaign for governor last year on a pledge to push for an amendment to the state constitution legalizing casino gambling in Kentucky. Beshear was unable to persuade Kentucky lawmakers earlier this year to put a proposed gambling amendment on the ballot this fall.

Read More...

Poker Players Alliance Press Release

Pokerati's Comments

Last Day: Smoke 'Em if You Got 'Em

Today is the last day in Pennsylvania you will be permitted to smoke in pubs! Tonight (9/11) at midnight the ban goes into effect!

Sad DAY! However, there are over 700 business applying for state exemptions to the ban and those businesses that applied for one will be permitted to allow smoking until a decision is made on their application.

Patriot News Article:

With the state's smoking ban set to take effect at midnight, already 700 businesses have applied to be exempted from the law, said Dr. Calvin Johnson, Pennsylvania health secretary.

'I have no idea as to how many we should expect. I quite honestly think 700 is too many and I hope we don't get anymore," said Johnson at a Capitol news conference to announce the law on the eve of its effective date.

The law bans smoking indoors in most workplaces and public places, but carves out exceptions for such places as cigar bars, taverns where food sales comprise no more than 20 percent of their annual sales, up to 25 percent of rooms in hotels and portions of casino floors.

So far, no exemptions has been granted, he said. But businesses that applied for one will be permitted to allow smoking until a decision is made on their application, Johnson said.

Those who receive an exemption must apply annually, but steps will be taken to make that process as simple as possible for businesses, a health department official said.

Anti-smoking advocates in attendance at the news conference joined Johnson in hailing Thursday as a "great day for the health of all Pennsylvanians."

Sen. Stewart Greenleaf, R-Montgomery County, who has fought for a smoking ban for 15 years, said the law will allow 95 percent of state workplaces to be smoke-free. Yet, he isn't content with that. He already is at work drafting legislation to be introduced in the next legislative session that starts in January to raise that percentage even higher.

He said someone asked him if he intended to celebrate the fruits of his 15 years of labor on this issue by lighting up a cigar on Thursday. If he does, he assured it would happen outside.

Redumblicans Flip Flop on Poker

er.. I meant Republicans, did I say that? :)

I know we live in a very tight conservative area that is central PA and I know I have had numerous arguments supporting Obama and NOT McCain at the table, however, I really wish you poker players would take more notice of what is going on, article from Poker News:

Initially it looked like the party may have decided to drop their opposition to online gambling from the official line, but CQ Politics reported on Tuesday, the language has once again been added.

In 2000 and 2004, the platform for the Republican Party had included, "Millions of Americans suffer from problem or pathological gambling that can destroy families. We support legislation prohibiting gambling over the Internet or in student athletics by student athletes who are participating in competitive sports."

I argue that poker is not in the same category as sports gambling or other casino games and I am sure most readers agree.

The Poker Players Alliance has also been lobbying pretty heavily to have the Republican Party change its stance on online gambling and return to its traditional stance of protecting people's personal freedoms and individual responsibility.

As a result the PPA encouraged its Republican members to post comments on the www.GOPPlatform2008.com site which the committee is using to help shape this year's platform.

By mid August more than 160 poker players had posted comments on the site, including Greg Raymer and players from all over the country.

On Tuesday, word went out that the Republican Party was removing the call for an online gambling ban from its platform, but later in the day CQ Politics reported the language had been returned.

The comment section is still active and below are some good ones:

By mid August more than 160 poker players had posted comments on the site, including Greg Raymer and players from all over the country.

On Tuesday, word went out that the Republican Party was removing the call for an online gambling ban from its platform, but later in the day CQ Politics reported the language had been returned.

Already the GOP Platform site has seen feedback on the flip flop from members.

"Wow ... great job guys. Way to throw all of us who enjoy the freedom to play Internet poker in our homes a bone by initially saying that you were going to pull the draconian language from the platform that says Internet gambling is a scourge on society, then caving to Chad Hills and Focus on the Family when they applied a little pressure three hours later," writes Aaron from Norwood, Mass.

"No wonder the Democrats are the party of the people. They actually listen to them, as opposed to small fringe groups that pull the strings in the GOP. Well I know how I'm voting in 2008, and for the foreseeable future, and sorry John (McCain), it ain't for you."

His sentiment was shared by Dave from Weston, W. Va., who wrote that he was given a ray of hope for the GOP when the news came out that the language for an online gambling ban was taken out of the party platform.

However, when news of the reversal came out later in the day, he was once again turned off by the Republican Party.

"You have LOST my vote and more importantly I will be actively working against the GOP in my SWING state of West Virginia which is, as you know, in play this year," Dave wrote.

"Though I am only one, there are MILLIONS of regular folks who enjoy a game of cards with other ADULTS and since you seem to want to manage my life you have. Ironically you have managed to harden my heart AGAIN against the GOP. Oh well."

The GOP site is still open for comments on what should be put in the 2008 Republican Party platform. The platform committee is meeting again today to write up a document for the party to adopt on the first day of the Republican Convention, Sept. 1, in St. Paul, Minn.

I know many of my fellow Pennsylvanians are conservative and have many problems with us crazy liberals, however, I must say one more time, if you enjoy poker as much as I do, then please reconsider your vote for McCain and take a stronger look at Obama!

UPDATE: PA firehouse in Westmoreland

Updating my first post on the Seward Volunteer Fire Company in Westmoreland County having to pay back proceeds from a fund raiser Texas Hold Em tournament, here is the latest:

PA and Poker - Uptight and Antiquated

Fire company getting burned on poker tourneys
Article: The Tribune Democrat Johnstown, PA

Another article here at Poker News

Seward Volunteer Fire Company in Westmoreland County, PA is getting sued for fund raising events held in 2007, three to be exact, all poker tournaments for $40k plus. The police also raided an August of 07 tourney held at the firehouse.

Wonder when Enola and Penbrook will be on Pennsylvania's nazi-esque state government hit list:

Texas hold ’em card games may be popular among poker players, but they aren’t a legal form of gambling in Pennsylvania – as one area fire company is finding out the hard way.

Seward Volunteer Fire Company held at least three money-raising poker tournaments in 2007.

Now, the state Attorney General’s Office is seeking $40,814 from the illegal games.

Of that, $9,728 was seized by state troopers during a tournament Aug. 3. An additional $31,086 was deposited by the fire company into its account at AmeriServ Financial of Johnstown. Those deposits were identified by fire company Treasurer James Darby as proceeds from a Texas hold ’em tourney, said Robert Stewart, a senior deputy attorney general.

“Pennsylvania case law sets forth that poker is unlawful gambling ... and that it is unlawful to profit from unlawful gambling,” Stewart said.

Because the bank is in Cambria County, Stewart filed the forfeiture in Cambria rather than Westmoreland County, home of the Seward fire company.

Cambria County District Attorney Patrick Kiniry said he wasn’t aware of similar raids in Cambria.

In the past two years, Kiniry said he has fielded inquiries about holding the games to raise money for nonprofit activities.

His advice: The tournaments aren’t legal small games of chance, so don’t hold them.

“The state police confirmed they consider it illegal and would be systemically raiding them throughout the state,” Kiniry said,

Greensburg attorney Jeffrey Monzo, who represents the fire company, could not be reached for comment.

Funny that it was OK to put in casino's all around our state for real BIG profit for the state, but a volunteer fire company gets nailed and raided for raising money for equipment!

To the men and women that volunteer and put your lives on the line, it must be nice to know your state thinks you may be hero's, but to them you are also criminals because there is no bigger evil than poker! Bad hero's! Bad!

Do as I say not as I do, eh? Hypocrisy knows no bounds!

As mentioned in an earlier post, I must urge each and every poker player reading this to click over to the Poker Players Alliance and sign up and help fight the good fight!

Danger: Online Poker and You

Fleet Street Games has a comedic look at how our government is handling online poker, although the clip is a joke, at least Doyle Brunson and Andy Bloch thinks this might be more real than humorous and publicly supports Barrack Obama:

Stetson-wearing Las Vegas pros who like his belief in the freedom to gamble are putting their chips on Mr Obama, who is himself a skilled player of Texas Hold'Em and Seven Card Stud.

Doyle Brunson, America's greatest living player and formerly a life-long Republican, has come out for Obama.

Another leading poker player and Obama backer, Andy Bloch, told The Sunday Telegraph that most players in Las Vegas for the main event of the World Series of Poker, which began on Thursday, are backing the Democrat. Meanwhile a group called Poker Players for Obama writes a blog on his campaign website.

...Announcing his support for Mr Obama, Mr Brunson, twice a winner of the world championship, said he could not back Mr McCain because the Republicans support the current US ban on internet gaming. Mr Obama has said he would like to regulate online poker and gambling, rather than criminalise it.

"Poker players have to support Obama," he said. "God help the internet gambling business if McCain does happen to win."

More on the politics of poker and the upcoming election soon. However, although not online, I bet those involved in the poker raid in Lemoyne in January has this video hitting home a little too hard...

PA Smoking Ban

SAD DAY FOR SMOKERS BEGINS SEPTEMBER 11th

The smoking ban was passed by our shady mafioso gov, Rendell... This will effect many of us in the poker scene, some happy, some, like me, pissed off as hell... Anyway, did some digging, here are the details:

Residents won’t be able to breathe easier for 90 more days, however, because that’s when the law will go into effect.

But then, smoking will be illegal in most workplaces, in all restaurants and schools, and indoor areas where the public is invited or permitted.

...Business interests demanded that there be some loopholes. So smoking will still be permitted at bars where food sales constitute 20 percent or less of annual revenues; in private clubs; in 25 percent of hotel rooms and all rooms at full-service truck stops.

There may be designated outdoor smoking areas at sports or recreation facilities, theaters or other performance venues. And, in a major bow to the czars of gambling, smoking will still be permitted on up to 25 percent of casino floors or up to 50 percent if a casino can prove to the state Revenue Department that the ban is hurting its bottom line.