Poker Players Alliance Forums » State - AL

Legal Help and Opinions Needed

(3 posts)
  • Started 1 month ago by usadad
  • Latest reply from Skallagrim

  1. usadad
    Member
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    A partner and I held a private poker tournament (in Pell City, AL) that was raided this past Friday night. We were charged with promoting gambling and selling alcohol without a license. This was held in a building that we rented by the month and all players were paying members of our organization. Fees collected went to help pay the rent and utilities. We deny the alcohol charge.

    Any help or guidance would be appreciated. I am disabled and unable to afford much in the way of legal counsel.

    I can be contacted at alabamadoug@yahoo.com

    Posted 1 month ago #
  2. Big Jim Slade v2.0
    Moderator
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    I don't offer legal advice, nor do I even claim anything I say if anything more than my hearsay opinion, but I do like to hear myself type.

    The "model anti-gambling bill" that was once put up as the way all states should regulate gambling originated in Alabama as I recall. Overall, it equates poker and poker playing with organized crime. In essence, the idea is if you are a regular poker player, you are part of organized crime.

    That said, Alabama has, if I recall correctly, a tolerance for non professional gambling. You must not make money from it - take a rake or charge a fee - and it must be in the privacy of your home, with your friends.

    You can mess this up by charging a membership fee, or renting a commercial building. You get on iffy grounds if you advertise your game publicly.

    Was your building a residential structure? That would seem to be he most damaging part to you concerning the gambling part.

    A reality is that most times the police don't do a raid unless someone makes a complaint. You might give some consideration to who might have complained about what and figure out how you can address that issue.

    If this is all because you were taking up someone else's non reserved parking, then maybe you can make some of it go away by promising not to hold any more events.

    Posted 1 month ago #
  3. Skallagrim
    State Director & Moderator
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    Had you posted this in the "Ask Skallagrim" forum, or contacted the PPA's Litigation Support team directly, I would have noticed this earlier and replied sooner. You may still do either if you would like more information than I provide below:

    Alabama is not the worst state in which to be caught playing poker or running a poker game.
    You can read the Alabama laws for your self at this website: http://www.gambling-law-us.com/State-Laws/Alabama/

    The cliffs notes are 1) poker is "gambling" in Alabama if chance is a "material element" in the outcome of the game ( a tough standard, probably harder to meet than the traditional predominance test) 2) Social gambling is not illegal, but you have to prove that's what you were doing (no one profits from the game other than as a player and the game was in a private place) 3) Profiting from the game is defined pretty broadly.

    You really should obtain legal advice before moving forward. If you need help finding a lawyer, we may be able to assist. If you cannot afford your own lawyer the Court should appoint one for you. We at the PPA Litigation Support Network are available to assist any lawyer in preparation of poker specific defenses.

    Good Luck!

    Skallagrim

    Posted 1 month ago #

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