Although defendants in South Carolina were found guilty, Judge’s decision leaves door open for the legalisation of online poker.
Thursday 26th February 2009
In America, proponents of legalising online poker are celebrating after a judge in the state of South Carolina ruled that poker is a game of skill and not one of luck or chance.
Mount Pleasant Municipal Judge Larry Duffy made his ruling after hearing the case of 20 people arrested in a gambling raid in the southern American state in 2006. Prosecutors painted the game as a for-profit operation while the participants attested that it was only a casual diversion played among friends.
A law from 1802 when read literally makes any diversions played with cards or dice illegal including board games such as Monopoly. The defendants were found guilty and had to pay a fine but the Judge's ruling leaves the door open for further interpretations of the state’s anti-gambling law.
Although Judge Duffy stated that the evidence was ‘overwhelming’ that poker was a game of skill, he said that he did not have enough guidance from higher courts or state lawmakers to determine whether his analysis makes a difference under South Carolina law.
“We are humbled by Judge Duffy’s thoughtful decision and applaud the effort put forth by the legal team defending these poker players,” said John Pappas, Executive Director for the Poker Players Alliance.
'The positive language in this ruling comes on the heels of other key legal victories for the rights of poker players in Kentucky, Colorado and Pennsylvania. It’s becoming quite clear the legal community agrees that this great American pastime is a game of predominant skill, not luck, and should not be considered gambling under the law.'
In America, proponents of legalising online poker are celebrating after a judge in the state of South Carolina ruled that poker is a game of skill and not one of luck or chance.
Mount Pleasant Municipal Judge Larry Duffy made his ruling after hearing the case of 20 people arrested in a gambling raid in the southern American state in 2006. Prosecutors painted the game as a for-profit operation while the participants attested that it was only a casual diversion played among friends.
A law from 1802 when read literally makes any diversions played with cards or dice illegal including board games such as Monopoly. The defendants were found guilty and had to pay a fine but the Judge's ruling leaves the door open for further interpretations of the state’s anti-gambling law.
Although Judge Duffy stated that the evidence was ‘overwhelming’ that poker was a game of skill, he said that he did not have enough guidance from higher courts or state lawmakers to determine whether his analysis makes a difference under South Carolina law.
“We are humbled by Judge Duffy’s thoughtful decision and applaud the effort put forth by the legal team defending these poker players,” said John Pappas, Executive Director for the Poker Players Alliance.
'The positive language in this ruling comes on the heels of other key legal victories for the rights of poker players in Kentucky, Colorado and Pennsylvania. It’s becoming quite clear the legal community agrees that this great American pastime is a game of predominant skill, not luck, and should not be considered gambling under the law.'