Arkansas Blog: Gambling? How dare they?

Thanks to Under the Dome for reminding me of a story I heard about on KATV the other day. It seems that something called the National Poker Challenge wanted to run a game in Little Rock. City Attorney Tom Carpenter says it's gambling and illegal. The cops won't allow it.

But here's my thinking. The legislature has effectively decreed that poker is NOT gambling, but a game of skill. If it was gambling, it would be outlawed by the Constitution's prohibition on lotteries. But since it is allowed in electronic form at Oaklawn and Southland race tracks, it clearly must not be gambling. The legislature wouldn't pass an unconstitutional law, would it?

If some fellows just want to get together to challenge each other's poker skills, and take home a stuffed bear or something as a prize, how in the world could a lawmaker or police officer argue that this is gambling? Because, remember: Gambling is illegal. It is not allowed in Arkansas, except in "charity" bingo and parimutuel wagering on horse and dog races at Oaklawn and Southland. But poker? Or blackjack? Those are games of skill.

UPDATE: For the record, a legal scholar notes that there is a statute that prohibits "betting" on card games. Yes, of course. It is a violation punishable by a fine of $10 to $25 (unless you bet your quarters on the games of skill at Oaklawn and Southland). My point here was the absurdity of how the law contorts itself to serve a couple of moneyed interests. If Oaklawn and Southland may bend the law like a pretzel, is it any wonder others scheme to do the same? Why not allow games of skill played for points, though cash prizes may be awarded on conclusion of said games of skill. Is that betting on cards? Ever played those games of skill at the State Fair? But remember. Your Friday night poker game? It's a crime. Unless you stage it around an electronic card table at Southland or Oaklawn.

Comments

Why not hold the game at Oaklawn?
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Posted by: Lwood | August 23, 2007 06:13 PM

Does the law limit it to "electronic games of skill"? I know it's limited to Oaklawn and Southland. By the way, I drove by Southland the other day and the sign now says something like "Racing and Gaming."

ARK. BLOG: Yes, it is, but why do you even need a law to allow electronic games of skill if games of skill are legal? Get my point? Why must they be "electronic?" If it's not gambling, what's to stop anyone from doing it? The point is that this gambling stuff for the tracks is all a lot of hokus pokus. I hope one of these poker outfits forces the issue.

Posted by: Carrick Patterson | August 23, 2007 07:38 PM

"But since it is allowed in electronic form at Oaklawn and Southland race tracks, it clearly must not be gambling. The legislature wouldn't pass an unconstitutional law, would it?"

Look, Max, this falls into the same rationalization that befits "wet"/"dry" counties. Dry counties are not dry although local options decree that they be so. Local options decreed some type of gambling at Hot Springs and West Memphis. None of it is clear cut, hypocrisy abounds in both departments and only the Second Coming will sort it all out.

Posted by: Cato | August 23, 2007 09:05 PM

Cato mentions the other issue I was going to mention above.

The way to change laws is by whittling. Chip, chip, chipping away is the way to continually divide and conquer. This is the scheme being used by both ends of the political spectrum.

Slowly allow more alcohol sales in dry counties, slowly expand gambling, slowly add more restrictions to abortion. The result is the same.

To return school prayer you start with a moment of silence. Who can objest to that? Then force a moment of silence. Then allow for group silence. Then allow those that wish to too mumble a quiet prayer.

Using this strategy within a couple OF years you have no guns, no abortion, forced school prayer, full casinos, and all counties are full wet.

See, it works for both libs and cons.

Posted by: Citizen home | August 24, 2007 09:28 AM

Arkansas Blog

Gambling? How dare they?

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