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!

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!