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The state of poker in Colordo

(7 posts)
  • Started 3 months ago by Tahosa65
  • Latest reply from Skallagrim

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  1. Tahosa65
    Member

    The State of Poker in Colorado

    The Poker Players Alliance, on behalf of the Paralyzed Veteran’s Association is trying to host a poker tournament during the Democratic National Convention in Denver. It is anticipated that this event could raise up to $150,000.00 for that organization if we could hold it as advertised and as such tournaments should be held. Notables and celebrities such as Ben Affleck and Barry Greenstein were/are to play and it could/should/might be one of the best events surrounding the Convention.
    Enter the State of Colorado and the City of Denver. Poker, with a few provisions, is illegal in Colorado with the exception of the games played in Central City, Blackhawk and Cripple Creek. Playing in such a game is illegal and can land you either in jail or holding a summons for illegal gambling. Bet a lot of you didn’t know that did you? Games abound, players play and to a greater or lesser degree cash games and tournaments are played all over the state and no one is the wiser.
    I can’t count the number of times that as I’ve tried to recruit members into the PPA, people have responded to me that “poker is legal in Colorado isn’t it?” No it’s not. If you have a “bona fide” association outside of poker and if those present in the game are all included in that association (a group of friends having a Friday night game for example) then your game is legal. What constitutes bona fide? No one can tell you but various attorneys and judges have their own opinions. Apparently being a member of the PPA or a participant at the DNC isn’t such an association. I became aware of this last week when in conversation with the Colorado Bureau of Investigation I found out that they were actively reviewing our proposed tournament with an eye towards “intervening”, CBI code for raiding the game.
    Now to allow the tournament to go forward, we have to make the poker part of the evening totally without reward and give out the prizes (that were to go to the four top finishers) by lot to anyone who shows up. A drawing in other words. Really makes you want to play doesn’t it?
    That, dear friends, is the sorry state of poker in Colorado. A game of skill, not unlike chess, bridge or darts, all played for money in this state by the way and games that are never raided by the CBI or local authorities; a game that has it’s roots in the West and is really America’s Game. It is the goal of the Colorado Chapter of the PPA to change this. To make poker what it should be and what it is in so many other states. Regulated – of necessity; legal – by right; and part of what we believe is only fair. I played last night in my normal Friday night game, with friends (this for the CBI) and had a hard time concentrating on the cards and players. My thoughts kept returning to the injustice of how our game is treated by the State and City authorities. This to our members is a call to action. We have to lobby our legislators to change our antiquated and discriminatory laws. With crack dealers and pushers working openly in our parks and nearby schools, our law enforcement officers need to focus their efforts somewhere else. POKER IS NOT A CRIME.

    Gary Reed
    Colorado State Director

    Posted 3 months ago #
  2. grasshopp3r
    Member

    Well said.

    Lets run it anyway and see if the CBI actually wants to make a test case. They win if they can simply intimidate us. Besides, they will be busy cracking heads outside the Pepsi Center.

    You also forgot to mention the illegal alien santuary that Denver perpetuates.

    Posted 3 months ago #
  3. Skallagrim
    Moderator

    Just FYI, we had a little discussion about Colorado law and poker over in the "Ask Skallagrim" forum. There I included this quote from the CO Court of Appeals: "More recently, in Charnes v. Central City Opera House Ass'n, 773 P.2d 546 (Colo. 1989), the court held that a fundraising event which featured gambling was incidental to a bona fide social relationship based on the fact that the event was limited to participants who, although not necessarily friends, were brought together for the common purpose of raising money and not solely for the purpose of gambling."

    The same case, however, ruled that a charity poker game run by a non-profit still violated CO's gambling laws because the Non-profit was not a "natural person" (and was participating by running the game) AND was engaged in "professional gambling" because it intended to make a profit from the game (to give to the non-profit organization).

    In my professional opinion, this law sucks.

    Skallagrim

    Posted 3 months ago #
  4. Tahosa65
    Member

    "This Law Sucks" is a brief but adequate apprasial of Colorado Law on poker. It is my (lay) opinion that the best way to change this law is to get poker removed from the gambling statutes much like "games of skill" are exempted. Poker is, in fact if not in the minds of Colorado enforcement officers, a game of skill. To have it so declared is the only requirment that the legislature would have to address to make poker legal in Colorado. The fight continues.
    Gary Reed
    Colorado State Director

    Posted 3 months ago #
  5. grasshopp3r
    Member

    Does your professional opinion that the law sucks mean that you think that it is open to being challenged for constitutional reasons? The esteemed Chuck Humphrey of http://www.gambling-law-us.com/ is located here in Colorado. Would the PPA financially support a serious challenge to the Colorado laws?

    Posted 3 months ago #
  6. Skallagrim
    Moderator

    Unfortunately, I do not see much hope or basis for a court challenge. That damn case (Charnes v. Central City Opera House Ass'n, 773 P.2d 546 (Colo. 1989)) is clearly the applicable law in Colorado and so the only way to change it is A) get the Court to rule it was wrong in that case - courts almost never admit they were wrong, or B) get the legislature to change the law.

    There is no realistic US Constitutional challenge to a law such as this, it is pretty clearly within the general police powers of a state to have such a law. But there MAY be a challenge under the Colorado State Constitution - a Colorado lawyer will have to address that possibility, though, not me.

    Skallagrim

    Posted 3 months ago #
  7. Skallagrim
    Moderator

    People looking to be more creative about how to have a poker event in a bar might want to look at the case of Leichliter v. State Liquor Licensing Authority, 9 P.3d 1153 (Colo.App. 01/20/2000). There the Colorado Court of Appeals held that a typical final four pool (buy a square for $2) WAS social gambling (and therefore not illegal gambling) even though it took place in a bar, primarily because the bar did not directly participate in running the pool or profit from it in any direct way.

    But, of course, before actually doing any such thing, consult with a local Colorado lawyer.

    Skallagrim

    Posted 3 months ago #

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