Judge in Pennsylvania Deems that Poker is a Skill Game
January 22, 2009
Here’s one victory for us poker folks who are forced to tangle with so many legal issues just to enjoy the sport we love. In a decision handed by one very smart judge from Eastern Pennsylvania, poker has now been officially declared (at least in his courtroom) as NOT a game of luck. Instead, he goes on to state that poker is a game of skill—something we’ve been harping about since time immemorial.
The judge we should applaud for this ground-breaking decision is Columbia County Judge Thomas A. James. In his ruling, James absolved a certain Walter Watkins who was slapped a lawsuit after a poker game he was hosting was raided. Unfortunately for Watkins, an undercover Pennsylvania state trooper was present during his game. During the sessions, Watkins stressed that he wasn’t charging rake. Instead, he merely encourages players to tip his dealers after every hand. Nothing wrong with that. After all, it’s a difficult job.
Judge James based his decision on, among other factors, the numerous poker books available that talk about the skill factors involved in poker. His logic? If chance predominates the game of Texas Hold’em, it is gambling. Since skill predominates the game, Texas Hold’em should not be considered gambling. In his closing, James states, “It is apparent that skill predominates over chance in Texas Hold’em poker.” Now, if only Congress and the rest of government thought that way.
The case against the dealer, Diane Dent, was also dismissed. Despite the dismissal of his case, Watkins lamented the ordeal they had to go through. He talked about being arrested, handcuffed and being forced to spend the night in prison just for playing poker. Let’s hope that Judge Thomas A. James’ ruling sets a precedent for future poker litigation so this doesn’t happen again. This is definitely one positive step for poker.
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