There’s no question about it, poker is the most popular card game in the world with millions playing every day face to face, online and even against themselves on one of the many computer simulations available.
So, as the so-called “land of the free”, you might think that all across the US it would be widely permitted, just like it was in the good old days of the Mississippi paddle steamers and in the back rooms of Californian Gold Rush bars.
However, it’s a very different story with some states being very liberal – like Nevada, Delaware and New Jersey, some being reasonably free like California, Missouri and Washington and others like Alabama, Utah and Kentucky taking a very hard line indeed.
The fact that different states take a different approach and have the power to overrule federal legislation on the matter lies at the heart of the problem. It’s the same sort of issue that has occurred since the Supreme Court decided that sports betting should be legalized take-up has been slow with only 13 states allowing it well over a year since the Professional and Amateur Sports Protection Act of 1992 was repealed.
In fact, it would be hard to find any two states whose gambling laws are identical. Yes, there are many that are similar, but having the ability to tailor individual legislation to a particular state’s need has only led to confusion and inconsistency.
If legislators were to search around the world for an example in which everything to do with gambling legislation had been simplified, they would only have to look across the Atlantic to the UK. They would also be able to see the beneficial effects this has had for players and online casino operators alike.
Back in 2005, the Labour government under Tony Blair, decided that an overhaul of the country’s gambling laws was long overdue. The laws had been in place for many years but the emergence of online gambling meant that most were outmoded and not fit for purpose. So the Gambling Act of 2005 did a number of things. It liberalized many of the laws and opened the way for the granting of licences for online and actual casinos, allowed TV advertising for gambling firms for the first time and set up an authority called The Gambling Commission to oversee and regulate the sector.
For players this was great news. Not only could they enjoy all kinds of gambling and play real money poker online, they also had the added reassurance that The Gambling Commission would be there to see that the industry was well regulated and fair. If a similar arrangement was made for poker players in the US, then it could potentially benefit everyone in much the same way.
Of course, there is one key difference between the two countries that could prove problematic and that is that laws passed by the UK government are applied nationwide while here in the US states are free to set many of their own, hence the current confusion.
But it’s also undoubtedly true that the laws in the US concerning playing online poker are in a similar need of an overhaul. In this country’s case the primary piece of legislation, if we are to put the UIGEA of 2006 to one side for a minute, is the Interstate Wire Act of 1961 which forbids placing best of sporting events or events down the wire. The whole language of the act is hopelessly outmoded, and it’s even been questioned whether internet communication can even be classified in this way.
There has been another potential argument put forward concerning how online poker betting could become legal and that is by classifying it as a sport. In this way it may well be covered by the Supreme Court ruling of May 2018 and there are certainly many points to support its definition as a sport.
For example, poker always involves competition between two or more players, there is a strong element of skill involved and, with some games lasting many hours, it is certainly a test of stamina. However, the legal precedents aren’t good. When the English Bridge Union appealed to the European Court of Justice to get that card game classified as a sport the appeal was rejected on the grounds that playing it did not lead to any improvement in physical or mental wellbeing.
So, while it looks like a widespread acceptance of online poker might not be on the horizon, players in the US would be better looking to the states where it can be enjoyed right now
In Nevada, New Jersey and Delaware it is fully permitted on regulated sites and the even better news is that there is a merged player pool across all three states allowing for a wide choice of opponents.
The next two states that have had legislation passed and permissions granted are Pennsylvania and West Virginia. The former already has a few sites up and running and West Virginia is likely to be ready sometime in 2020.
Some of the other states thought to be considering proposing legislation are New York, Michigan, Illinois and Colorado with only twelve states, mainly located in the Deep South, thought to be not in favour of changing their laws at all.
All this means that the future could be looking considerably brighter for poker fans in the US. Now let’s just hope it all happens soon.