Quote:
Originally Posted by curtinsea
There was an appellate reversal in a case involving the Ho-Chunk nation regarding their video poker machines and their designation under IGRA. This ruling declares them as Class II gaming.
http://host.madison.com/news/local/h...0fd0fc46e.html
Might there be implications here for internet poker?
Comes down the same grey area of whether or not Internet poker is a technologic aid to playing poker (Class II gaming) or an electronic facsimile of poker (Class III gaming).
The "video poker" referred to in the article in regards to this court decision is not actually video poker machines. It is electronic poker tables (e.g. PokerPro tables by PokerTek), with players competing live against each other.
There was never a question in the case as to whether or not these tables were non-house-banked. It was a question as to whether or not it is illegal to everyone else in the state to offer poker. In 1999 the state changed its laws to make these poker tables at taverns a civil offense rather than a criminal offense. The appeals judge ruled that thereby poker is not prohibited to everyone in the state (i.e., its not a criminal offense), and therefore these tables would be allowed to the tribe as Class II (non-house-banked) poker.
There is also the requirement under IGRA that Class II gaming is only allowed to be conducted "on Indian lands". Internet poker probably violates this injunction as the players are placing their wagers from outside the Indian lands.
These are the legal issues that still have to be determined. I don't think this ruling changes much for online poker.