Two High Profile Cases in PA
By Tripp Amick
Friday, February 13th, 2009
You may have seen reports on these two cases in recent weeks. There is some confusion as to what they mean to Poker Players in PA. I’ll do my best to explain what I know at this point.
I had an extensive conversation with Patrick Fleming (PPA Legal Support Team) and others this week preparing for an interview with a local reporter questioning us on both the Columbia and Westmoreland cases. I can’t exactly remember what all I said in previous emails, but the long and short of it is:
The Columbia County case was very good for us, but limited in jurisdiction to the two counties the Judge is in. It is being appealed by the County DA, and this could actually benefit us if they affirm the decision. However it depends on HOW they affirm it. If broadly, (the State did not prove it’s case and Poker IS a game of skill) it helps, narrowly (as in “the state did not prove it’s case in this instance” then it is difficult to use as precedent in other jurisdictions.
In the Westmoreland (Greensburg) case, the Judge DID NOT rule that Poker is a game of chance and thus is “illegal Gambling” in PA. Essentially it was a misleading headline. He was ruling as to whether the law in PA is not so vague as to make it believable that the people involved would never consider the chance that it WAS illegal gambling.
In effect this was a ruling on the constitutionality of the actual law, not a ruling for or against pokers legal standing. The defendants in this case can still (and hopefully will) present the Game of Skill argument.
I know that PPA’s legal support team has had some conversations with the Westmoreland people. If they are PPA members they can access this advice for free. That doesn’t mean that you are represented for free, but they will help your lawyer and even recommend knowledgeable counsel. Something to keep in mind.
Hope this helps clear some of the confusion. We are hoping for a poker favorable article in the Pittsburgh City Paper in the near future. We discussed much of the above with the reporter and I hope it all gets in!
Let me know if you here anything about either of the above cases or any new cases in your areas. If you or someone you know gets involved, don’t forget to get the Legal Support Team involved!
Tripp
