The PPA speaks out on the South Carolina Supreme Court\’s game-of-skill hearing, where they helped provide legal counsel for the five players contesting their misdemeanor illegal gambling convictions.
This case has nothing to do with casinos or video poker. This case is about the freedom of adults to play a game of skill, like poker, in their own home and that is it.
– John Pappas, Poker Players Alliance
Fair enough. But it does stand to set precedent and interpretation that other states will at least look at upon (finally) recognizing their own old gambling laws may not really work in today\’s day and age.
Sure, we all know that poker is a game of skill and therefore Truth is on poker\’s side here, but that may not be the deciding factor when all is said and done. Likewise, the private residence argument could ring a bit hollow because we all know the difference between a self-dealt home game and a for-profit poker room.
But regardless, clarity in and of itself could be a worthy end-result, no? Is it legal to host a weekly sit-n-go and take a \”rake\” for pizza and beer? What about to pay for nice tables and utilities? Professional dealer maybe? Would it make a difference if you operated as a non-profit? And If an undercover cop wins the bad-beat jackpot, do they have make-up in their backing deal with taxpayers?
Obviously, the South Carolina Supreme Court won\’t be making such scenario-specific determinations. However … assuming they don\’t just kick it back like Kentucky and Washington did (saying essentially, \”eh, not our call\”) … this court is being asked to decide, ultimately, just how far the government\’s reach extends when dealing with a game of skill played for money … and that\’s a question powerful people are wrangling with in different jurisdictions all around the world.
If you haven\’t already, help Pokerati determine where poker falls on the spectrum of luck vs. skill here, and read below for the PPA\’s official take on today\’s important poker activity in South Carolina:
South Carolina Supreme Court Hears Poker Case
Washington, DC (October 19, 2010) – In oral arguments presented today before the South Carolina Supreme Court, lawyers for the Poker Players Alliance (PPA) adeptly debunked the supposition that the private residence in which a game of Texas Hold ‘Em was played was a “house of gaming,†while continuing to reinforce, as South Carolina lower courts agreed, that Texas Hold ‘Em is a game based predominantly on skill and therefore does not constitute gambling under state statute. The PPA, the leading poker grassroots advocacy group with more than one million members nationwide and more than 10,000 in South Carolina, has been involved in this case since five South Carolina men were arrested for playing Texas Hold ‘Em in a private residence.
“This is an important case for the rights of individuals in the state of South Carolina. It is ludicrous that in my state playing poker in the privacy of one’s home would be considered a crime. The state’s antiquated laws have created significant ambiguity and we look forward to the Supreme Court providing much needed clarity that ensures South Carolina residents can enjoy a game of Texas Hold ‘Em without fear of violating the law,†said John Ridgeway, SC State Director of the PPA.
In 2008, five individuals were convicted of illegal gambling for playing Texas Hold ‘Em in a private residence. The trial court found that poker is a game of skill and therefore not illegal, but left it to a higher court to decide if state gambling laws were overly vague as they could be used to convict anyone playing poker in their home. In addition to holding that the law was overly broad and vague, the higher court embraced the use of the predominance test, citing the “overwhelming†evidence that skill dominates chance. The South Carolina Attorney General, however, appealed this ruling on the law’s vagueness, taking it to the State Supreme Court today.
“As this case has moved through the state judicial process, it has been encouraging to see each court rule that poker is indeed a game of skill. To be clear, the PPA is not advocating for gaming in South Carolina and this case has nothing to do with casinos or video poker. This case is about the freedom of adults to play a game of skill, like poker, in their own home and that is it,†said John Pappas “South Carolina poker players are fortunate to have two excellent lawyers, former Federal Judge Billy Wilkins and Jeff Phillips, arguing to protect their right to play poker in the state, and we look forward to a ruling in the coming months.â€