The Virginian-Pilot
©
PORTSMOUTH
A former poker hall operator who wants to resume his Texas Hold 'em games is going to court to challenge Commonwealth's Attorney Earle C. Mobley's decision to squelch the activity.
Charles Daniels petitioned Tuesday to resume games at The Poker Palace until the case can be argued in court.
The attorney for the poker hall operator, Barry Taylor of Virginia Beach, said the case could have implications beyond Portsmouth. He hopes to show that Texas Hold 'em is a game of skill, not chance, and thus legal under the state's gambling law.
Poker halls had flourished in Portsmouth unlike anywhere else in Virginia, thanks in part to Mobley's long-held stance that state law was too murky to prosecute the games as illegal gambling. Prosecutors elsewhere had concluded otherwise, effectively banning the operations.
Daniels opened The Poker Palace in 2006 at 2880 Airline Blvd. Other Portsmouth operators followed, as did accusations that some were less generous with their proceeds to charity. Unlike bingo, the poker halls were not regulated by the state.
At least six other sites opened in Portsmouth, including at least four this year.
On July 22, Mobley announced that he would view poker games as illegal gambling, saying that he didn't want Portsmouth "to become a gambling center." The poker halls soon shut their doors.
Daniels said in his petition that he spent about $66,000 to renovate and lease a site for his poker operation just three weeks before Mobley revised his stance.
Daniels said his games generated more than $700,000 for charities. He provided letters in his court filing testifying to the impact of the donations. The groups included The Greater Hampton Roads Division of the March of Dimes, The Fraternal Order of Police and the Chesapeake Sheriff's Office Charities.
Mobley has said that he never said poker was legal or that he would not prosecute poker halls. But he had long maintained that the law was flawed because it made an exception for games of skill, and many argue that poker is such a game.
Bill Prince, a spokesman for Mob-ley, stressed again Tuesday that, despite Mobley's concern with the law, he never expressly gave a poker hall permission to open.
The petition names Mobley and Attorney General Ken Cuccinelli as defendants. Taylor hopes to get a hearing within the next couple of weeks. He said Cuccinelli was named because the issue involves a state law.
Dave Forster, (757) 446-2627, dave.forster@pilotonline.com
Delicious
Digg
Reddit
Facebook
Twitter
Google
Yahoo
Closing the halls was inevitable....
once McD and Kookie took office. What else could these poker halls expect from the ultra conservative wacko religious right. I mean come on, Kookie tried to cover up the cartoon breast on the State Seal, like they would ever allow adults to play poker? They would have to play poker for tax cuts for the wealthy for these guys to sign on.
Love the game...
...but the position is highly ridiculous.
Mini-Vegas
Look how much money P-town could generate if Mr Daniels wins. The charities would make out great, the city would do good getting hotel rooms filled and the economy would begin to flourish in this area. Prostitution runs rampant already, so why not legalize it, ensure the girls (and Guys) are clean and healthy and make them pay taxes! Look out vegas, Portsmouth is nippin at ur heals!!
Va just doesn't get it
The state could be closing some of their budget gap if they allowed casinos in the state. Instead I travel to Charles Town W Va. or Dover De. to drop a few Benjamins when the mood strikes me, and all the Va. gets is gas tax (for some reason I prefer to save ten cents a gallon by filling up before I leave). So I'll spend $50-75 in gas and tolls, sometimes get a room for the night (more taxes to W Va or De.) plus the jobs the two casinos generate, while Va. spends tax dollars to close down poker parlors. No wonder our neighboring states are kicking our butts economically.
Meanwhile the "voters" stopping Va. from being progressive meet every Sunday morning in their tax sheltered buildings and lead by their tax sheltered ministers etc. and tell our legislators not to raise tax revenue with gambling, all the while they raise tax free revenue via Bingo, Lotteries, raffles, contests...etc.. Anyone else see a conflict here?
Funny nonsense!
Isn't it funny how we take a gamble on electing our government representitives only to losemoney through the ways of increased taxes and money pit decisions. It is a game of chance because no matter how skilled we are at picking the right individual, they can change their stance on a whim and go against the odds. How about we regulate politicians and free up the poker! I am all in!
Legislation
When will people learn that we cannot legislate gambling and prostitution? They have always been with us, and they always will.
Don't forget the underlying principle
Whether poker is luck or skill may make a difference under current law, but if we are to have principled government, it shouldn't matter.
If no one's rights are being violated by people enjoying a game of poker, or any form of gambling, then there is no reason for government to be involved.
We tend to get bogged down in details by letting those who seek a nanny state define the argument. Poker players are set up as opponents to other people who enjoy games of chance or skill in hopes their preferred game will be permitted when all should be speaking with one voice that it is none of government's business what entertainment we seek so long as the rights of outside parties are not violated.
You either support Liberty, or you don't.
I Support Liberty..
...as well as trying to stop those who legislate morality (gambling)!
I also support your post Doc!
Thumbs Up!
That debate
should extend to government's over taxation of beer, wine, liquor, tobacco, cigarette papers, and making marijuana possesion a crime.
Here's my pledge.
I wont unjustifiably kill you. I wont steal from you by any means. I will not infringe on your rights. I will merge with every other car at the end of proper merge points. The latter being the hallmark of civilization.