Poker Ruled a Game of Skill In Pennsylvania

Date: January 23, 2009

Poker has been ruled a game of skill in Pennsylvania. A case against a small-stakes home game was recently dismissed when the judge ruled that poker is a game of skill. Columbia County Judge Thomas James stated that, “The Court finds that Texas hold’em poker is a game where skill predominates over chance. Thus, is it not ‘unlawful gambling’ under the Pennsylvania Code.” This ruling only applied to Columbia and Montour counties, which is the jurisdiction of Judge James.

The original case charged two people with unlawful gaming for running a $1-$2 NL Holdem game in their garage. Rake was not taken, but tipping the dealer was encouraged. State police investigated the game by sending undercover officers to the game approximately 20 times.

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The attorney for the two defendants, Pete Campana, stated “I’ve seen poker players of all calibers; there’s no question in my mind that skill controls poker more than luck of the draw.” John Pappas, executive director of the Poker Players Alliance stated, “The judge in this case issued a well-researched and reasoned decision which supports arguments the PPA and others have made about poker being a game of predominant skill. The decision does not have legal precedent outside the two rural counties in Pennsylvania, however, it is a significant victory in the overall battle to demonstrate that poker is not pure chance gambling. The PPA hopes to leverage this win in other trials in other states where we have an opportunity to argue the skill of poker.”

This case is being viewed as a potential stepping stone for getting online poker ruled as a game of skill. A ruling of poker being a game of skill would go a long way in getting the UIGEA overturned or an exclusion to online poker granted to exclude it from the UIGEA.


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