COMMON SENSE IN SOUTH CAROLINA (Update)

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Marina

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May 3, 2008
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But case still goes against feisty five

Pretty much as anticipated, South Carolina Judge Lawrence Duffy Jnr this week ruled that poker is "overwhelmingly" a game of skill and not chance, adding a third state precedent in as many months to the learned judgements supporting the concept of skill rather than chance in the game.

Unfortunately for the feisty five defendants who took this matter all the way instead of paying a fine like the other citizens arrested in a police raid, the news wasn't as positive. The judge found sufficient evidence to suggest that the alternative charges of running a gambling house held up, and convicted the men of that offence, imposing fines.

"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," said Jeff Phillips, the lead attorney for the five defendants.

"Our solid legal arguments were superbly supported by the expert testimony arranged by the Poker Players Alliance. The testimony of Mike Sexton and Professor Robert Hannum was invaluable and helped explain the skillful essence of poker to the court. We are grateful for their involvement in this case."

In a statement following the case, the PPA applauded the Court's findings that poker is a game of skill, not chance. "Though disappointed with the Court's initial conclusion that the defendants had committed a crime, PPA expects to prevail on further review," the statement said.

"We are humbled by Judge Duffy's thoughtful decision and applaud the effort put forth by the legal team defending these poker players," said John Pappas, executive director of the PPA. "The positive language in this ruling comes on the 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."

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 "gambling." The PPA argued that the Court should adopt the rulings of other courts that gambling refers to a game in which the outcome is determined predominantly by chance, not by skill.

The game of poker is predominantly about making correct decisions rather than just benefiting from mere chance, which means it shouldn't be considered illegal gambling, the statement emphasises.

The PPA said it plans to work with the defendants to appeal the case.

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lshion

Member
Nov 1, 2008
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I hope they don't ban online poker from South Carolina. I'm a resident of this state and I will take a stand.
 

winchddd

Member
Feb 28, 2009
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Missori
I do not believe that online poker should be illegal in any states at all. As citizens of the united states we should have the freedom to make our own decisions and this is impeding upon that.
 
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Dmoney644

Well-Known Member
Jun 1, 2008
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Grottoes, Virginia, U.S.A.
I totally agree with you on this. I believe such things as
internet gambling whether it be poker or slot pulling or blackjack, should be our own decision, and the Gov. should not be interferring which such choices.

Hopefully the citizens of USA will finally grow a backbone and stand up for their right to gamble online, and get these laws changed. We Americans love to bitch about everything
our gov. does, but yet we stand back and do nothing. Maybe one day this will change.​
 

winchddd

Member
Feb 28, 2009
17
6
65
Missori
Thats a great point. Our government always tries to promote the freedom of our own decision making, and its like we arent a democracy and they are making our decisions for us. I believe as working americans we should have the right to use our money how we please and our time as well. U.S. citizens definitely have to stand up for their rights.
 

Dmoney644

Well-Known Member
Jun 1, 2008
2,480
1,102
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Grottoes, Virginia, U.S.A.
Yeah, you don't want me to get
started with this one, lol this is a very sore spot for me, when they say
some things like online gambling is bad for people and we are just trying to help protect themselves. lol but yet, we have state lotteries, many land based casinos, guns, cigarettes, alcohol, etc. i'll stop now before i get too ound up about this again roflmao​
 

peteyweestro

Well-Known Member
Jun 1, 2008
299
228
palmdale california
i don't want to get all political about this issue but i do see both sides of the argument where the gov says that some of these offshore poker rooms and casinos could be funding terrorism and i would not want 1 penny of mine to support those idiots, BUT, if the dang gov would just regulate the casinos and poker rooms that want to service american citizens then that would solve their supposed worries and we could then deposit our money into sanctioned and financially responsible gaming rooms where we weren't gambling about even getting paid should we win like we do know, it's gamble to win and then gamble to get paid really dumb...sound of me climbing off my soapbox
 

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