Pennsylvania Judge Rules That Poker Is A Game Of Skill

Jan 19, 2009 - 12:45:54 PM

A Pennsylvania Judge ruled on Friday that pokers most popular game, Texas Hold’em, is a game of skill and therefore does not constitute gambling under state law. The Poker Players Alliance feel that the case sets a useful precedent and is a positive step towards legalizing online poker.

Judge Thomas A. James Jr. made the ruling in a case brought against a Walter Watkins and his girlfriend, who ran a small No-Limit Texas Hold'em game out of his home. The couple did not take a "house rake" in the game, and simply asked players to tip the dealer. The judges ruling means the couple were cleared of all 20 counts each that were relating to illegal gambling.

In his ruling the judge examined the relative merits of the skill vs. chance argument and concluded : “Simply, if chance predominates, Texas Hold’em is gambling. If skill predominates, it is not gambling.”

Judge James referenced well known poker strategy literature in his ruling, such as Mike Caro's "Secrets of Winning Poker", as well as various other websites and resources. The judge found that since “the money flows from the bad players to the strong players” that poker could not be classified as gambling as "it is apparant that skill predominates over chance in Texas Hold’em poker.”


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