11/06/2008 Filing Against State of NY
 

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Another battle over the specifics of prohibition for particular kinds of gambling has taken root, this time in New York State. The arguments surround the legality of free poker tournaments in bars.

The company Free Poker Experience LLC is taking the state gambling laws to court in New York to determine what makes their organization’s events illegal. Based out of Missouri, Free Poker Experience LLC works with bars and other social establishments to help set up free poker leagues and tournaments to encourage customer business in the restaurant, bar or other venue. Benjamin Scheck, the energetic owner of Free Poker Experience is not at all repentant about the legal moves he’s decided to make against New York. It is his position that free tournaments and leagues do not fall under those prohibited activities based on how the event is carried out. In those cases where it is a free entry tournament or league and when prizes are given out not as cash, but based on the final ranking of the players, the illegality does not apply. His standing is based on the definition of gambling as it applies to New York State law, in that it requires evidence that a gambler “…"...stakes or risks something of value upon the outcome of a contest, with an agreement or understanding that he will receive something of value in the event of a certain outcome.” According to Scheck, this is not the case in his company’s free tournament structure.

Most of Free Poker Experience’s customers are bars that utilize the popularity of the game to entice new patrons off the streets. They make profits only on the food and drinks purchased and served to players; there is no financial benefit directly from the poker game play.


 

 

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