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Former JP vs. Overzealous AG

(5 posts)
  • Started 9 months ago by John Schnaubelt
  • Latest reply from bubbajunk44

  1. John Schnaubelt
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    In this corner, we have Harold "Bud" Lee, the former Justice of the Peace, Poker Advocate and card room advisor. In the other corner, we have Mark Brnovich, the Attorney General for the State of AZ. Bud wants to see the laws change. He things he can get a hung jury and force the state to address poker rooms as a legimate business. I wanna see him succeed. If poker can come to the internet, be licensed, taxed, and regulated... then why not poker rooms? It's gonna be an interesting second half of the year. Pretrial is set for Sept 7th. I'll be there! Go Judge! You crotchety old coot!

    Posted 9 months ago #
  2. John Schnaubelt
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    Bud Lee may be an arrogant eccentric 67 year old man, but make no mistake, he has made it his life's passion to bring poker back to the people. His web site for "The Original Arizona Card Room" is full of rants and raves about Poker and his goals to challenge the authority. This letter is taken from his website. I'm sure he won't mind me reposting it here:

    The facts as we recall them:

    At Bisbee, Arizona in May of 2005, several law abiding citizens of Cochise County, concerned with the growing perils to the millions of advocates of poker, formed a trade union: The Arizona Card League, Inc. They came together to protect the integrity of the sport and avocation of Poker. Our past and present membership (approx. 2000+) has included; a mayor, prosecutors, legislators, numerous police and enforcement authorities. We are very proud of our cronies and cohorts; including the Cochise County Attorney and the Arizona Attorney General; both of whom have repeatedly rejected ADOG’s numerous requests to prosecute our professional guild.

    Since many of those original ACL members were past and present public officers, civil disobedience was not even contemplated, as a method to assert our rights. Having rejected civil disobedience, the ACL members (my cronies and cohorts) instead, chose to issue a direct challenge to the prevailing theories of law affecting the sport of Poker, in Arizona. No members of the ACL wanted to involve the police in our affairs, so we went directly to the State and County prosecutors and informed them of our plans. We assured them that we had no facts to dispute and that we would certainly honor any court order to cease and desist. Our conduct was clearly intended to handle any dispute (if one existed) in a civil and genteel manner; and not involve the police in our business.

    Four years ago this month marks the fourth anniversary of our meeting with the prosecutors. Not at that time, nor at anytime since, have we ever been informed that state prosecutors disagree with our right to organize and self regulate the sport of poker. Therefore, there has never been a lawful reason for the Arizona Department of Gaming gambling police to leave the reservation and investigate our licensed businesses. No other police agency known to us, has found it necessary to invade our union, or to seek criminal charges against our conduct. While Tucson PD did participate in an ADOG instigated military raid on my former associates; it was clearly an ADOG union busting operation.

    Since the valiant citizens of Bisbee had already stipulated to any facts necessary to launch our challenge, a police fact finding mission into our business was unnecessarily intrusive and violates several substantive rights and liberties of our members. ADOG’s numerous (and incessant) undercover operations against our union membership, are clearly police harassment and, an invasion of our privacy. Their bogus police raids and seizures have been a cover for their extortion against our union. ADOG’s confiscation of our membership lists is a clear theft and conversion of our property. Again, we must protest the conduct of this quasi policing agency, controlled, directed, and funded entirely by proceeds from the gambling industry.

    This rogue agency has shown no compunction in ignoring all levels of prosecutorial consent or local licensing authority. The first ADOG self-initiated undercover operation was excusable as an inter-agency breakdown in communication. However, subsequent undercover forays and search warrants can only be viewed as intimidation and extortion. ADOG claims to be a public agency; but it has always had only one boss, the gambling industry. They have only one goal as well; to monopolize our profession for that industry. The Arizona Department of Gaming has been the muscle used to break our union and extort our players back into their gambling industry controlled poker rooms. In those rooms our prize pools are mauled and soiled by the house at their whim.

    Damages and Costs:

    All citizens of the State of Arizona have been damaged by this agency’s total disregard of the rights and liberties of our members. We have been thwarted in our attempts to address the concerns we have regarding their gambling industry operated professional arenas. As a direct result of the grossly improper conduct of this quasi policing agency; my cronies and cohorts (along with me personally) have suffered millions of dollars in actual (and potential) lost revenues.

    ADOG has a long history of unbridled criminal attacks and public defamation against me and my cohorts, they have bankrupted me personally. Their illegal conduct has literally busted-up our union, since they stole our membership list during their theft at the Club Royale. Their public slander and libelous statements directed at me and my cohorts has also caused our business associates to disrespect us; some have ignored their agreements with the union and the ACR, Inc. We intend to beg enough money from our members (and any freedom fighters not already frightened away by these thugs) to bring a lawsuit against ADOG and their cronies and cohorts.

    Any lost revenue recovered by a lawsuit will be used to grow our union, and to open safe and secure venues for our tens of thousands of fans and players within the State of Arizona. Any personal award I might receive will go towards opening our ICGPA Hall of Fame in Tombstone (the birthplace of High Stakes Poker). We intend to build a shrine to the gentleman sportsman and professional tradesman who have been plying their trade for centuries. Arizona will become that place in the World that honors and acknowledges all of those professional card and game players renowned throughout history.

    Why would any responsible leader in Arizona oppose the International sport of poker, taking up residence in one of its oldest venues? We have always believed that we have the support of the state’s prosecutors. We know prosecutorial authorities in Arizona understand the difficulty of going to court with antiquated and inappropriate laws. Then there is the heavy baggage of the immoral gambling compact that was shoved down the throats of the tribes and the voters.

    Being required to walk into court with these gambling industry collar men offers another good reason for the Attorney General’s staff to conclude there is no reasonable chance of obtaining a conviction against us. With their desks full of rejections from state prosecutors, and one month before our fourth birthday, the incoming ADOG Director publicly slanders us and threatens more police attacks. The arrogance displayed by this agency has become quite unsettling. The pedigree of the gambling industry is well known to us all, which increases our concern.

    ADOG is totally unaffected by any of the decisions of local governments or state prosecutors. The Attorney Generals office, after a six month review of their previous decisions, announced that they will again not prosecute me or my “cronies and cohorts”. But, somehow we remain publicly branded criminals on the official ADOG website (funded entirely from gambling proceeds). ADOG must be restrained and they need to make a public apology to our union membership. We can then begin to repair the serious consequences of their actions.

    ADDITIONAL COSTS TO THE PUBLIC:

    The criminal actions of the Arizona Department of Gaming have been very costly to all of us in the State. Especially the valiant citizens that stood together to protect their beloved sport of Poker. Many have become terrified and confused by these events. The real cost to the State of Arizona is the continued delay in taking advantage of our important historical relationship with the fastest growing, and most popular pastime, in the entire World. The ICGPA is attempting to bring the trade of poker back home to Tombstone Arizona; the birthplace of High Stakes Poker.

    Perhaps the greatest cost (as usual) has been born by the Indians. Their name and resources were used by their lawyers and ADOG to fund a specious lawsuit, an action that can have little benefit other than to fatten the coffers of lawyers. Their lawyers have refused to allow us to make a reasonable proposal to the tribes that would provide a permanent income stream for them. Their obstructionist tactics have delayed the formation of our LLC joint venture proposal with members of the Pascua Yaqui business community; we call it the THEBIAS LLC.

    THEBIAS LLC PROPOSAL:

    We believe the Pascua Yaqui Tribe has been unwittingly used in a scheme and subterfuge to bankrupt the Club Royle by ADOG and their lawyers; aided by others in the legal community as well. We will encourage them to turn the wasted legal expenses into programs that will develop continuing revenue streams for their community. We want all of the Tribes to share in the benefits of helping our International trade union find a home in the State of Arizona.

    The first project, of this unique limited liability company, will be to build a professional arena for the Township of Guadalupe and, to share the profits with the town. The second is to open a similar facility for our membership in Tucson and, share the profits with the Pascua Yaqui Tribe. THEBIAS will become a joint venture with business associates from the tribe and the mainstream business community; all attempting to develop an integrated business community.

    Judge Harold Lee (Retired)

    Executive Director

    ICGPA

    http://www.arizonacardroom.com/
    http://icgpa.org/

    Posted 9 months ago #
  3. John Schnaubelt
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    ICGPA CREED (and application)

    The following is a creed that we have adopted for the ICGPA to help us in focusing on our goals; while allowing others to understand our motivation:

    Poker players, through membership in the ICGPA, are accepting responsibility for regulating and self-policing their game for the safety and benefit of our players and fans.

    The game of Poker is beloved by its players and fans worldwide, they recognize it as an exciting strategic competition; and not chance gambling. Professional Poker has now become the third highest viewed sporting event in the country (just behind football and auto racing) the PPA of Washington D.C. suggests that eighty million people play the game. The worldwide Poker industry owes their fans a much more vigorous struggle, than heretofore. The ICGPA will avow to continue battling until Poker is universally free of all illegal prohibitions.

    We believe; professional poker (and all other legal skilled strategic competition) is a legal bono fide business. It has a historical right to exist and a heritage to protect! Our industry must do a better job of developing self pride and preserving history. Professional Poker is an old and honorable profession and its roots are buried deep in early American history. Further, our industry and profession claims the legal right to cultivate those roots---as the ICGPA continues the fight to reclaim Arizona’s heritage and close association with the game of Poker.

    Members of our industry are also proud members of the world business community. Professional card players are a rapidly growing component, in the world’s entertainment and sports industries. The game they represent is no longer a backroom event---it is front and center on the world stage; television, and the internet have made Poker the most popular card game in the world. The ICGPA avows to work unceasingly to see Tombstone and the State of Arizona become a World Poker Tour destination.

    The ICGPA supports a theory that all adult amusements are local issues and the prerogative of local governments. Banning of adult amusements by State level prohibition is an infringement on the power entrusted to our local body politic. The ICGPA believes local government must protect the liberties and freedoms of their constituency---even if they do not personally condone the specific conduct.

    Reasonable control through local zoning and ordinance law will provide sufficient control in allowing for safe public access to our adult competitions and events. Clearly, state level prohibitions acerbate any nuisances surrounding the game of Poker and must be removed.

    The popularity of our game necessitates that the state stop attempting to prohibit our globally recognized sport, and instead start to help the industry, self police and regulate this universally popular game. We have a right to expect local governments to not fetter us with intrusive, and harmful, public policy; but instead, to assist us and our players, by insuring a safe and level playing field for the world’s most popular card game.

    The ICGPA concurs with the Founders of Arizona’s first city government; that local government should have the power and responsibility to regulate “…all games of amusement in the city…whether money changes hands or not.”

    This authority was granted to the mayor and common council by the citizens of Arizona’s oldest municipal government, when they adopted their charter in 1881 Tombstone, in the Arizona Territory. Many of those early citizens were early members and pioneers of professional poker. Our industry is proud of the close historical heritage that exists between the game of Poker and the State of Arizona. The ICGPA intends to battle hard to maintain and preserve that heritage.

    The ICGPA May 20th 2008 Tombstone, Arizona

    Harold Lee, Founder

    Posted 9 months ago #
  4. John Schnaubelt
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    I mean, pardon the lengthy posts, but this guy is good. He's a legal poet. He knows all the arguments. He's got salient and cohesive points to argue on many levels. So this trial, more so than any other trial in the US with regards to poker, is going to be interesting. It's been brewing for four years now, and it's an election year... but Bud has paved the way for dozens of "strip mall poker rooms" to follow his lead and open... more seem to be popping up every month or two. Arizona is the "wild west", where modern poker was born, and Bud is definitely passionate about his beliefs that many of us endorse. I've never met the man, but he's a Legend in Arizona. Like him or hate him, he's interesting and the upcoming trial should be very interesting.

    Posted 9 months ago #
  5. bubbajunk44
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    1st of all! If you go way back in History, you will see, that Poker Games were already
    in Motion.I just don't think it's fair that a High Paid Lawyer (or) a Congressman are trying to stop Poker playing in the USA! When the West was Won, Many played poker in most every town there was. SO WHY TRY TO STOP IT NOW? Seems like a Money thing to me, Like the EPA laws.For Instance: If you spill Oil on the ground? The EPA Charges you a Large amount to Clean it up. And where do they put it then? Back in the Ground some other place.It just seems like a Money Scam for the Politicians, trying to Gain a little Power.

    Posted 9 months ago #
  6. John Schnaubelt post is so long nobody have such time to read all the mater

    Posted 9 months ago #

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