DA says state law remains hostile to Texas hold 'em tournaments

DA says state law remains hostile to Texas hold 'em tournaments

Thursday, September 15, 2005

By RUDY MILLER The Express-Times

EASTON -- With the rising interest in the poker game Texas hold 'em, charitable organizations want to know if it's OK to cash in on the popularity to raise money.

The answer is no.

"Holding Texas hold 'em tournaments is not a protected activity or lawful gambling as recognized under Pennsylvania law, even when being done by nonprofit and charitable organizations for benevolent purposes," District Attorney John Morganelli said Wednesday.

The district attorney said at least six organizations have asked him in the past few months whether hosting a Texas hold 'em tournament to raise charitable funds violates the law.

Morganelli said he has seen an increase in advertisements from companies offering to set up tournaments to raise money for nonprofit groups, and he urged these nonprofits not to hire those companies.

The card game has swept the nation, from cable television tournaments to friendly games in college dormitories and the basements of high schoolers' homes.

Friendly poker games are legal, Morganelli said, as long as the host does not collect a fee.

However, an entrepreneur such as a tavern or restaurant owner who hosts a Texas hold 'em tournament can be prosecuted, even if that person doesn't collect a host fee. That's because the owner benefits from the increased business generated by the gambling tournament, Morganelli said.

And bar owners who host illegal gambling tournaments could lose their liquor licenses, he said.

The card game is a derivative of seven-card stud poker. Each player is dealt two cards face down. Five community cards are dealt and flipped sequentially with intervening bets. The player who can make the best five-card poker hand from his two cards plus any of the five community cards wins.

After state police seized gambling wheels in 1994 from the Hecktown Volunteer Fire Co. carnival, Morganelli set up guidelines permitting small games of chance for charitable groups that wish to raise funds.

According to these guidelines:

-- The games must be hosted by a nonprofit organization.

-- The games must last no longer than 10 days.

-- The games must prohibit minors from gambling.

-- No more than three gambling wheels can be offered.

--The maximum bet must not exceed $2.

-- Nongambling entertainment must be provided at carnivals where small games of chance are offered.

These guidelines have worked for 10 years, Morganelli said.

"There exists no basis to allow another form of organized gambling," Morganelli said.

Morganelli said he has not seen an influx of Texas hold 'em tournaments, nor has he created a task force to prosecute them.

Enforcement remains with the state police, he said.

Hosting an illegal tournament is a misdemeanor and probably won't result in prison time. But groups and businesses that host such tournaments should be aware they are breaking the law, he said.

"It is clear that the holding of Texas hold 'em poker tournaments may be subject to criminal liability depending on the particular facts of each and every case," Morganelli said.

Reporter Rudy Miller can be reached at 610-258-7171 or by e-mail at rmiller@express-times.com.

Source: http://www.pennlive.com/search/index.ssf?/base/news-2/1126775129257420.xml?expresstimes?npa&coll=2

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