12/29/2008 Five Fight for Skill
 

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South Carolina in the United States may be the source location for some major changes as to how the game of poker is viewed by authorities if 5 gamblers accused of illegally gambling have their way with their appeal process. The Charleston suburb Mount Pleasant saw a bust of sorts when the local police broke up a private poker party, charging those involved with running an underground casino and illegal gambling. Most accepted their punishments without arguments, with the exception of 5 who have fought for the last 24 months the distinction between games of skill and games of luck as it applies to the game of poker. If successful, the charges will be dropped as the state only prohibits games of luck and change; games of skill are perfectly legal.

Recent developments mark the court order awarded to the five defendants permitting them to argue the point. If they can successful convince a municipal town judge that the game of Texas Hold’Em depends primarily on wit, practice, and intelligence, the perception of the game of poker could be significantly altered, especially in the legalization and legislation pertaining to cases such as this. Though similar efforts have failed in the United Kingdom, it’s been perceived as a good sign that they were granted the court order by Municipal Court Judge J Lawrence Duffy Jr. Particular circumstances, such as the private residence, rather than a gaming venue or illegal casino open to patrons are expected to help the case’s chances. The two-page order permits evidence to be presented on both sides, and leads the poker community to expect a long-running litigation on the issue.

Greenville attorney Jeff Phillips is representing the five, as well as being a personal fan of the game. "To my knowledge, the issue of whether skill or chance is the dominant factor in the game of poker has never been litigated with the presentation of evidence in the U.S,” he said. If they lose, the team stands to be liable for additional fines.

Another interesting counterpoint to the defenses advantage is the fact that the laws on which the ‘raid’ was based are 200 years old, and considered by most to be outdated at best. With references to such dangers as the games of Draughts, Roly-Poley and Rouge et Noir, modern poker does not necessarily fall in the same jurisdiction as the antiquated laws.
 

 

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