by Hillary LaClair, Senior Editor
According to a legal examination by CardPlayer.com, Massachusetts gambling legislation is severely outdated. Patrick Fleming, a New Hampshire attorney and litigation network organizer of the Poker Players Alliance reports, “It’s is an interesting state when it comes to the legality of poker. Massachusetts statutes are ancient. They really haven’t written a gambling law since the early 1900s and there are very few [state] court cases interpreting those laws.” Current legislation is so archaic that it actually says nothing about gambling crimes; it only touches on playing lottery games.
Fleming has referred to Massachusetts as a “skill vs. chance” state. Because of this, if online poker were brought before a judicial committee, state attorneys would easily be able to prove its legality. It has been 20 years since a player has been charged with violating the state’s “lottery” laws. Two decades ago, an appeals court investigated the case of a man charged with illegally running a bank of video poker machines. Because the court ruled that it “takes a certain kind of skill-set to play and win with any type of frequency at video poker it should then be considered a game of skill,” the machines were permitted. However, fines were upheld because the operator paid out on them.
The ambiguity of the state gambling legislation in Massachusetts has left many of its citizens unsure of what types of wagers are permitted. When asked if a game of home poker was legal in Massachusetts, Fleming himself was uncertain. He states that gaming laws “clearly seem to be limited to public places or private places where you’re trespassing.”
In 2007, the governor of Massachusetts motioned to have gambling laws amended so that they would allow casino and poker gambling within the state. Much like the laws that govern internet poker in Washington, playing poker online would still be considered a felony. Because of this the PPA sent representatives to Massachusetts to make legislators aware of the stipulation and its negative response from many state citizens.
Additionally, Fleming reports that charitable poker games are permitted in Massachusetts, but that the process of holding such events is intricate. “It’s limited to certain kinds of organizations that can do it. Local permits have to be applied for, the organization has to have been in Massachusetts for two or more years, there are price limits, prices can’t be based on the number of entrants, and the list goes on.” Unlike most other sections of gaming legislation within Massachusetts however, the state attorney general has specified the exact process for organizing such a charity event. Furthermore, the events are not taxed.
Online poker representatives from all over the U.S. are rallying for various states to specify their gaming laws so that players will know if they are within their legal rights. Massachusetts is not the only U.S. state where confusion surrounds its gaming legislation. The UIGEA itself is very vague when stating what is and what is not considered illegal internet gambling. Fortunately, there are state legislators proposing that these laws be given more clarity.
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