Poker Players Alliance Forums » State - IL

Any lawyers around?

(4 posts)
  • Started 2 years ago by Pete Moretta
  • Latest reply from Pete Moretta

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  1. Pete Moretta
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    I'm not sure I have the stomach to carry through on what I'm about to say but it seems to me the Illinois law violates my right to work. I easily spend 30+ hours per week playing lame freerolls (when I can find a worthwhile tourney). I can't claim it as my day job since all my income comes from elsewhere... uh, because Internet poker's illegal here. As I understand it, the Fed law only makes bank transfers illegal but the State of Illinois has taken it upon themselves to decide that Internet gambling is illegal altogether. Furthermore, the premise used is protecting the public from themselves. I understand that there is a segment of the population that is prone to gambling addiction but I for one really don't want that kind of protection from my government. I want to play. I want to make money playing. Am I good enough? Well I can't say because the law has relegated me to bottom-of-the-barrel freeroll tourneys (which I have one a few). But real money? No, not really yet because I can't play real games.

    Well there's more but to get to the point of the topic, I'm wondering if there are any lawyers and players willing to talk about a class action against the State of Illinois. I think the State policy is ludicrous and, frankly, is insulting. I know nothing in regards to whether legally it can be considered unconsitutional. However as an American, I am offended. I don't believe it's a case where plaintiffs could receive settlement which makes it tough for a lawyer to take it on and not much incentive for players. Not to mention the goliath we'd be up against. Illinois players that feel like me, are you interested in chipping in a couple bucks for lawyer fees? Lawyers who are players, are you willing for the "love of the game?"

    Posted 2 years ago #
  2. Charles Marshall
    State Director & Moderator
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    You need to mail Skallagrim and see what he has to say. I am sure he could help you get started if not at least point you in the right direction. He posts frequently and is very active here. Should be easy to find him on the main forum just scroll down and post under "ask a lawyer" or something similar is the topic. He is the man. No joke.

    Posted 2 years ago #
  3. Skallagrim
    State Director & Moderator
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    Sorry guys, you have to have some sort of basis for a "class action" suit other than that the legislation in question is stupid. If a law being "stupid" was enough for a court to strike it down, laws would be struck down on a daily basis.

    Unfortunately, the courts have ruled you have no more right to make money by playing poker than you have to make money by selling marijuana. So if the legislature wants to pass a law forbidding you to do either of those activities, it only has to have (pursuant to the Due Process clause) a "rational basis" for the law. A "rational basis" as the courts use that term means basically any reason short of "the space aliens told us to do it." With respect to poker "protecting our citizens from the evils of gamblng addiction" will be ruled a rational basis.

    There is, however, another part of the Constitution that may cause this law to be struck down: the Commerce Clause. The CC basically says that only the Federal Government may make laws affecting interstate or international commerce. Online poker is clearly interstate/international commerce, but regulating a citizens gaming habits has always previously been a state concern (you really couldnt have interstate poker before the internet). I think we should win on this issue, ultimately, and the argument is already advancing through the courts: PPA member and lawyer Lee Rousso has taken the issue up in the state of Washington, and although the lower court didnt have the guts to strike down the anti-online poker law in Washington state, the case has been appealed. You can follow its progress from the link on the main PPA web page. GO LEE!

    If that case is successful, the same rule will apply in Illinois.

    If you want the law changed in Illinois faster than that though, you are going to have to go through the political process. The Illinois PPA chapter ought to work on this.

    Skallagrim

    PS - thanks for the kind words chukphx :)

    Posted 2 years ago #
  4. Pete Moretta
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    chukphx, Skallagrim, thanks for the fast response! And yeah GO LEE! I figured if there was hope it already would have been done by now in IL but then again maybe folks are too intimidated to step up. It is such a stupid law! Protecting me from the evils of gambling is NOT a rational basis. As a matter of fact it is quite irrational and I'd say space aliens (ok lobbies) made them do it! But precedence has been set I assume. I'll have to muster up the nuts (pun intended) to get more politically involved. In the meantime, crappy freerolls it is. Thanks again and let's hope freedom reigns!

    Pete

    ps all those other stupid laws should be struck down too! :)

    Posted 2 years ago #
  5. mark nikolus
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    The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape
    Mark456

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    Posted 2 years ago #
  6. Suzzane Waltz
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    A Lawyer according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor, a person licensed to practice law. Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver justice. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (i.e., hire) lawyers to perform legal services.
    Suzzane Waltz
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    Posted 2 years ago #
  7. happy singh
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    Posted 2 years ago #

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