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gambling lubbock DA weighs in on poker tournaments

As a follow-up to the Lubbock poker tournament that got shut down, the Lubbock DA has officially said that for-money tournaments in bars and restaurants are illegal.

But Assistant District Attorney John Grace said that when it comes to gambling, the Texas Supreme Court says points are the same as money. And because each player's odds of winning differ with each deal of the cards, poker is gambling, he said.
Link

The explanation given there is a little unclear, but I've always been clear from the word of the law that any sort of gambling in a public place, where players risk an entry fee, is illegal. Conceptually I think there can be strong parallels drawn between a poker tournament and a bridge, or pinball, or videogame tournament, but in practice poker is poker and arguing that poker is not gambling is not a winning proposition.

See my Texas poker legality FAQ for the full details on Texas poker laws. Poker tournaments in bars and restaurants are legal only if players do not have to pay to enter or risk money in any other way (which makes it no longer gambling).

comments

Is there a legislative effort in Texas to change the law to make poker legal there? I keep reading (okay, mostly from you, but still) about busts in Austin, and now Lubbock ... do the police understand that people want to do this, it doesn't hurt anyone, and they're driving things underground into shadier and shadier places?

This is how Al Capone got started.

Posted by: LordGeznikor on March 9, 2004 12:58 AM

There's no effort that I'm aware of. The only legal stuff happening is the APC (and possibly Redmen's) fighting their charges in court, but that won't change the law.

I've toyed with the idea of starting an effort to change the law, but quite frankly I don't have the energy and stamina it would require to mount such a movement, one which could quite easily get shot down in flames by the conservative legislature.

Posted by: jeremy on March 9, 2004 03:35 AM

Where can we find your FAQ regarding the law and hold em tourneys where there is no rake. (All money is paid out to the players)

Posted by: AO on March 10, 2004 09:32 AM

Top left of loveandcasinowar.com website -- "poker legality".

http://loveandcasinowar.com/blogarch/000467.php

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