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- South Carolina court declares poker a game of skill and reverts convictions for “Illegal gambling”
South Carolina court declares poker a game of skill and reverts convictions for “Illegal gambling”
- By News Updates
- Published 10/3/2009
- Gambling Law and Legislation , News , Poker
- Unrated
The Poker Players Alliance (PPA), the largest poker grassroots advocacy group in the U.S with more than one million members nationwide, today applauded the ruling of a South Carolina court that confirmed that poker is a game of skill, and it should not be considered gambling under the state's law.
“Poker is not a crime in South Carolina or anywhere else, and we are grateful to the court for compiling the overwhelming evidence that proves this case and protects the rights of players. This ruling is fully consistent with the declarations of other judges and juries across the country that Texas Hold’em is clearly a game of predominant skill and adults who play should not be criminalized.” said John Pappas, executive director of the PPA.
The legality of poker in South Carolina has been since 2006, when five individuals were arrested for playing poker in a house in Mount Pleasant, South Carolina and prosecuted for several charges, including illegal gambling. In February 2009, the PPA, which has been heavily involved in several other cases in the U.S, brought World Poker Tour Host and Poker News Daily Columnist Mike Sexton and Robert Hannum, Professor of Statistics at the University of Denver, to prove that poker is a game of skill and that it should not be consider gambling. After several days of testimonies, the judge determined that poker is clearly a game of skill, however, the judge also found the five defendants guilty and therefore required them to pay the fines required by such a violation.
The trial court found that poker is a game of skill, but left it to a higher court to decide if state gambling laws were overly vague. Now the higher court agreed and reversed the convictions. In addition to determining that the law was overly broad and vague (as it could be used to convict anyone playing poker in their home), the court embraced the use of the predominance test, citing the “overwhelming” evidence that skill dominates chance.
“All poker players are well aware that the game is based on making the correct, informed decisions, not just mere chance, and games of predominant skill should not be classified in the same league as slot machines or lotteries. We’re very pleased that the judge considered the overwhelming evidence and came to the same conclusion. This is a well deserved legal victory for the players, the American game of poker, and for common sense under the law.” said John Ridgeway, South Carolina State Director of the Poker Players Alliance.
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