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Some of the online poker’s foremost experts tell Michael Shapiro of the San Francisco Chronicle that this “game of skill” is well on its way to becoming legalized in the US. But don’t look towards the federal government and a GOP platform that wants extended Web gambling prohibition as the main obstacle getting in the way. The states will have the final say and some just say “No”.
Utah, for example, has already passed a measure that will ban any type of online gambling even if the federal government says otherwise. With its predominantly Mormon population, Utah does not even offer a state lottery.
Other states may elect to opt out of potential legislation. Washington State, as an example, already makes it a Class C felony for its citizens to play online poker for real money.
A recent decision by New York Supreme Court Judge Jack Weinstein ruled poker as a “game of skill”. In doing so, he threw out a conviction against local resident Lawrence DiCristina, who was hosting buy-in games in a Staten Island, NY warehouse, where the house took 5 percent of each pot.
"The opinion is significant," said Whittier Law School Professor I. Nelson Rose, in an interview with the San Francisco Chronicle. It undercuts "the most important remaining federal statute that could be applied to Internet poker, now that the Department of Justice has limited the (1961) Wire Act to sports betting."
Rose also noted that individual states will have the final say and some, like Utah, might not go for it.
Noted industry attorney Jeff Ifrah had this to offer: "The only thing that distinguishes online poker from land-based operators was whether the federal statute was violated," he said. "Now that that's been thrown out the window, I definitely think it does something to restore the integrity of the game."
Weinstein’s decision reinforced the Justice Department's ruling in December that 1961's Wire Act only applies to sports betting, thus opening the door for legalized Internet poker on a state-by-state basis.
- Chris Costigan, Gambling911.com Publisher
