Here is a summary of federal and state gambling legislation prepared by two partners at the law firm Skadden, Arps, Slate, Meagher & Flom LLP. For all you non-lawyers out there, Skadden is one of the preeminent law firms in the world, perhaps the best. Akin to what Ivey is to poker. Sadly, Skadden’s conclusion is that progress will be “incremental” and likely will occur on a state level before a nationwide resolution is reached.
I could try to summarize Wednesday’s House Committee hearing on Rep. Frank’s bill which would alter the UIGEA, but this Cardplayer article does an excellent job. No need to reinvent the wheel. Enjoy.
Mark down July 21 in your poker calendars. (How many poker players actually keep calendars?) That’s the day the House Financial Services Committee will hear testimony on Barney Frank’s (Rep.-MA) bill that would legalize and regulate online poker. Needless to say, it’s big day. So if you’re in DC, stop by Room 2128 of the Rayburn House Office Building at 1 pm. For more information on the hearing/bill, check this article out.
The Netherlands won a thrilling (at least in spurts) 3-2 football contest to advance to the World Cup finals. That should be enough to make many a gambling Dutchman happy. But there’s even more good news. Recently, a Dutch court ruled that poker is a game of skill, not chance. The ruling is limited to a single person who had been arrested back in 2006. But the decision raises hope that its core holding — skill, not chance — will be extended to all poker in Holland. Maybe if the Oranje win the World Cup the legislature will be in such a good move that they’ll expedite the change in law. Amsterdam, football, and poker? Heaven may not be in Iowa after all.
I pass along this excellent article. Excellent in that it is well written and is some top level coverage by a major news source (ABC). Less excellent in that it discusses, in part, an interview Rep. Spencer Bachus (R-Alabama) gives in which he vows to fight against the legalization on online gambling, including poker specifically. The PPA is afforded an opportunity to lobby its position, and other Congressional items are discussed (Frank, etc.). But, at least for me, Bachus’ comments make this article a must read. And scary. Enjoy!
Cardrunners has secured an exclusive interview with Professor Joe Kelly, an expert in gambling and poker laws. The interview is geared toward what the recent legal developments mean toward you, the player. So if you have any concerns about whether June 1 is D-Day, this interview is a must listen.
Check out the interview here.
South Carolina has some old school laws. Though one fewer now. (Or at least in the near future.) South Carolina is on the verge of taking the “progressive” step of ending its prohibition against small-scale gambling games, like Sorry and Monopoly. Now I really want a hotel on Boardwalk.
Some big things happening in the poker legal world.
(1) Rep. McDermott (D-WA) unveiled a new bill that would tax online gambling. 8% of all deposits would be taxed with 6% going to state and tribal governments and 2% going to the federal government. This is a tough call for poker players — pay the G-men and play legally or operate on the fringes and keep that 8%. Here’s a thought that could help all poker players, the sites, and the government. If this bill passes, maybe there will be more reload/deposit bonuses available. That would enable individuals to minimize their taxable amount and the sites to increase the pool (and their rake). And the government still to get taxes. A win-win-win.
(2) Pennsylvania is sending mixed signals. On the one hand, the state is moving rapidly toward legalizing live poker and table games. Yet on the other, a Pennsylvania appellate court just overturned by a vote of 2-1 a lower court’s decision, in the process ruling that poker is a game of chance, even if skill elements are involved. This is not good. Especially because it is another precedent future cases might site when looking to rule poker a game of chance. How about these judges sit in a room with Ivey, Durrr, and Antonius for some PLO. Then let’s see whether they think poker is predominantly a game of chance.
(3) The Kentucky iMEGA case takes another turn. An appellate court has granted a motion that could return the case to the State’s high court very quickly. The thinking is that the court wants to determine the standing issue (legal gibberish for whether the correct party is suing) in case the case ultimately gets sent to the U.S. Supreme Court. Hard to tell how this will play out, but it’s probably good news for poker players since the last ruling hinted at siding with poker players on the merits of the lawsuit. Then again, reading courts is almost as difficult as reading facial tells online.
(4) The American Gaming Association (AGA) has changed its stance and now is “open to” legalized online gaming sites. This is a powerful ally in the war to legalize poker.
The much-anticipated Kentucky Supreme Court ruling in the iMEGA domain case is in. But the Court’s decision was nothing more than a dodge of the main event — a decision on whether the domain names constituted “gambling devices.” The Court avoided the controversial issue by declaring that iMEGA does not have standing to assert the argument. In other words, that the person actually affected directly by the ruling was not the party asking the Court to rule. (In U.S. jurisprudence, only the party actually injured may litigate.) iMEGA is spinning the ruling in its favor as much as possible, however, claiming that the ruling suggests that the Supreme Court wants to decide the issue, since it essentially said “Bring us an owner so we can rule in your favor.” So what happens now? The pending cases are being sent back to the lower Kentucky Courts from which they came, and likely will be dismissed. Meaning that the domain names can be seized. There is a 20 day window in which the appeal may be re-filed, and likely will be sent directly back to the Kentucky Supreme Court, as opposed to having to wind its way back up over a long period of time.
Here’s the Court’s opinion for your reading pleasure.
