Kentucky And Pennsylvania Are Pro-Poker? Kentuck Case Updated

The Texas Hold'em poker variant has just been ruled a game of skill by Pennsylvania judge a few days ago, which means it will not be considered gambling from now on. Also, the 5 month-long Kentucky case has also been closed, but only for a short while, as there is now an appeal going on to try and change the fresh new decision.

There have been many issues regarding the concept of poker in the United States, with two of the most important headlines being the Kentucky case and the UIGEA. However, things are starting to turn for the better, from the poker player's perspective anyway.

Just a few days ago, Pennsylvania Judge Thomas James from the Columbia County Pennsylvania ruled that Texas Hold'em is a game of skill rather than luck and should be treated as such. This means that the law will not consider it as gambling anymore, thus a legitimate business.
Involved in this issue were Walter Watkins and Diane Dent, who faced 20 charges each for playing poker in their home with an undercover state trooper amongst others.

In an interview with the Associated Press, Watkins said "It's unfortunate we had to go through all of this. We were arrested, taken out of our home,
shackled and spent a night in prison. All for playing poker."

However, they were both cleared of all charges thanks to the judge ruling that poker is indeed a game where skill overcomes luck. "It is apparent that skill predominates over chance in Texas Hold'em poker", said Judge Thomas James in his closing statement.

5 months ago, Kentucky Judge signed a forfeiture petition according to which the state will seize 141 online poker domains that offer their services to the people of Kentucky.

However, the latest hearing ruled that the domains are not to be forfeited, the main reason being that the judge that issued the rule did not have the jurisdiction to do so, as the domains do not function within the Kentucky border, but they merely offer their services to the residents. While the court did agree with this issue, they still consider those domains as "gambling devices" according to the law.

Jeff Ifrah, an attorney representing the Interactive Gaming Council, said: "The Court of Appeals has now corrected a fundamental misunderstanding
by the trial judge in this proceeding of the nature of the Internet and
the legality of online poker in Kentucky."

The Poker Players Alliance, or PPA, monitored this whole situation and its Executive Director John Pappas considered the ruling a step in the right direction towards legalizing online poker in the United States of America: "Clearly, the judge had an understanding of how poker is played. Coming
to this decision, to him, was not a far leap. The decision sets an
excellent bar for us in the future."

Regarding the Kentucky case, he said: "This is a tremendous victory for Internet freedom and the rights of
Kentucky residents who enjoy playing online poker. We are pleased that
the appeals court has forcefully reversed Judge Wingate's
earlier ruling and confirmed many of the arguments that have been
raised in opposition to the seizure effort."

This, combined with the fact that a new bill called Midnight Rule Act (MRA) could help overturn the UIGEA, gives hope to the Poker Players Alliance, who might actually live to see the dream of legal poker turning to reality.

While the last days brought some positive answers regarding online poker across the United States, it appears that things are far from over. The Commonwealth of Kentucky has just filed a Notice of Appeal, which means this whole issue will now be handled by the State Supreme Court.

Michael Brown, of the Justice and Public Safety Cabinet said: "The Commonwealth will continue its action to protect Kentucky citizens
from illegal internet gambling operations and appeal the recent Court
of Appeals ruling to the state Supreme Court. The evidence demonstrated
that illegal and unregulated activity is occurring in Kentucky and that
millions of dollars are being lost as a result of that activity, a fact
that wasn’t disputed in Tuesday’s ruling."

The Poker Players Alliance was against the decision again and it voiced its opinion on this matter through Executive Director John Pappas: "Kentucky residents should be outraged that the Commonwealth is
investing another minute of time and another dollar of scarce resources
in this quixotic case. The appeals court’s sound rejection of the
Commonwealth’s case should have ended this legal debacle in its tracks."