Judge Rules Poker Is Game of Skill, But Convicts Five Men for Gambling
A South Carolina judge has ruled that Texas Hold ’em is a game of skill, but that fact doesn’t require the acquittal of five men nabbed in a poker bust.
The lack of a clear definition of illegal gambling in the state contributed to the mixed ruling (PDF), the Poker News Daily reports.
A South Carolina law bans any game with cards or dice in “a house used as a place of gaming.” State Attorney General Henry McMaster has interpreted the statute to ban games that rely more on chance than skill. And for years, the office has viewed Texas Hold ’em as an illegal game of chance barred by this predominance test.
But Judge Lawrence Duffy Jr. said in his decision that the legislature has never “explicitly and precisely” defined the words “gaming” and “gambling house” in the state law, and he can’t definitively conclude that Texas Hold ‘em is legal, even if it is a game of skill.
Duffy concluded that the game is one of skill, citing “overwhelming” evidence. He referred to testimony from professional poker player Michael Sexton that Texas Hold ’em involves math knowledge, an ability to bluff, patience and discipline. He also cited testimony by statistics professor Robert Hannum, who said 88 percent of the outcomes of poker hands are determined by skill.
A press release by the Poker Players Alliance said the group applauds the judge’s ruling that poker is a game of skill, and it expects to prevail on appeal.
Jeff Phillips was the lead attorney for defendants. “While I am disappointed that the judge found my clients guilty by holding them to a standard that is not defined by the law, there are many positive elements that we can take from this opinion as we prepare for the appeal,” he said in the press release.
The Associated Press also has a story on the conviction.
Updated at 5:01 p.m. to include link to ruling.
