by Hillary LaClair, Senior Editor
January 16, 2009
The online poker community celebrated its biggest victory since the implementation of the UIGEA, when a Pennsylvania Judge, Thomas A. James Jr., ruled in a Columbia Court today that poker, specifically Texas Hold’em, is a game of skill. As such, it will not be considered gambling and will be exempt from state anti-gaming legislation. This has caused quite the stir in online poker advocates, such as the Poker Players Alliance, who feel that the judgment set an “excellent bar” for the future of the game online.
The Judge said prior to his ruling, “Simply, if chance predominates, Texas Hold’em is gambling. If skill predominates, it is not gambling.” Inevitably, it was the existence of many strategy guides, as well as the dominant factor test, that influenced the decision, with Judge James having noted Mike Caro’s “Secrets of Winning” in particular.
The ruling for online poker came at the expense of Walter Watkins, who was arrested and forced to spend a night in prison after hosting a $1-$1 No Limit Hold’em game in his garage. However, the defendant set precedents for the industry, as this is the first time that the U.S. has ever ruled poker a game of skill.
“Clearly, the Judge had an understanding of how poker is played,” said John Pappas, PPA Executive Director. “Coming to this decision, to him, was not a far leap. The decision sets an excellent bar for us in the future.”
In his final ruling, Judge James states, “Beginning poker players rely on big hands and lucky draws. Expert poker players use their skills to minimize their losses on their bad hands and maximize their profits on their big hands… It is apparent that skill predominates over chance in Texas Hold’em poker.”
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