PPA says it's "cautiously optimistic" after South Carolina poker case verdict

  • 2-19-2009
Poker Players Alliance (PPA), today expressed cautious optimism with the outcome in the Mount Pleasant, S.C. poker case and praised the Court's ruling in where a judge determined that poker is a game of skill, not chance. However, the PPA also said they are disappointed with the Court's initial conclusion that the defendants had committed a felony. The defendants were charged with playing cards in a "house used as a place of gaming" and under South Carolina law, the term "gaming" means the same as "gambling." PPA argued that the Court should adopt the position taken by other courts and judges in where the term “gambling” refers specifically to a game in which the result is determined primarily by a matter of chance, not skill.

"We are humbled by Judge Duffy's thoughtful decision and applaud the effort put forth by the legal team defending these poker players. The positive language in this ruling comes on heels of other key legal victories for the rights of poker players in Kentucky, Colorado, and Pennsylvania. It's becoming quite clear the legal community agrees that this great American pastime is a game of predominant skill, not luck, and should not be considered gambling under the law.” said John Pappas, executive director of the PPA.

The PPA provided its own specialists to expose why poker is a game that involves a series of abilities and dexterities rather that mere chance, and consequently it cannot be considered as an illegal gambling activity. The South Carolina Judge found the testimony exposed believable and ruled that poker is a game of skill. But even when the court accepted that this is an "easy case" for acquittal if the proper test under South Carolina law is whether a game is predominantly one of skill, the court determined that only a higher court can make a conclusion on that matter. PPA said that they will work with the defendants to file an appeal, and they expect to prevail through that appeal.

“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. Our solid legal arguments were superbly supported by the expert testimony arranged by the PPA. The testimony of Mike Sexton and Professor Robert Hannum were invaluable and helped explain the skillful essence of poker to the court. We are grateful for their involvement in this case.” said Jeff Phillips, the lead attorney for the five defendants in South Carolina.

PPA has also achieved some important victories in the last month, including a court's finding in Pennsylvania in where Judge Thomas James, Jr. ruled that poker is predominantly a game of skill. The judge also discharged 20 charges against a group of people who were arrested and charged for holding a poker game in a private house. A few days ago, a Colorado jury found defendant Kevin P. Raley not guilty after the jurors resolved that the poker league created by the defendant was playing a game of skill, not chance. PPA's Litigation Support Network has been actively involved in each of these cases by providing expert witnesses, preparing arguments for trial, and working with the defense attorneys.

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