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12-14-2011 , 05:25 PM
I created a new thread in the legal forum.
http://forumserver.twoplustwo.com/57...izona-1139512/
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12-14-2011 , 05:37 PM
"I guess I made day 2 of the tourney??????"

That's ****ing gold. Thanks very much for taking the time to make the post.
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12-14-2011 , 07:12 PM
I don't see how playing the game violates that statute. You are not fulfilling any of the roles they mention as a player, as far as I can see.
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12-14-2011 , 07:25 PM
Quote:
Originally Posted by CrazyLond
I don't see how playing the game violates that statute. You are not fulfilling any of the roles they mention as a player, as far as I can see.
The state (as witnessed by the busts) thinks the game is illegal because the owner/operators benefit.

If the game has benefit for the owners, then it's not social.

The state has a list of specific exclusions for gambling that are legal, and then everything else is illegal - even for betting and wagering, a class 1 misdemeanor.

Since the state thinks that game isn't social, it isn't covered by the other exceptions, and it's illegal for the players to play in it too.

http://www.azleg.gov/FormatDocument....13&DocType=ARS

In simple: You and I can play poker, and it's social, and since it's social, it's covered in the exemptions. If someone rakes our game, then it's not social, and it's not covered by the exemptions, and we're now committing a misdemeanor crime in AZ.

Last edited by The Palimax; 12-14-2011 at 07:27 PM. Reason: added last paragraph
Arizona Quote
12-14-2011 , 07:53 PM
Reading through the other linked forums in legal and looks like there is a lot of discussion so thanks for moving this into the appropriate spot Rapini and Palimax for the quote!!

Some extremely interesting varying views out there in the general public about all of this, and I can tell you firsthand that there are a lot of people who have no idea about the legalities, or lack there of, of what's been happening in our state regarding poker off of the reservations.

How these operations have been allowed to have their doors open for so long with blatant state laws being broken only to have the enforcement show up like they did last Friday night is beyond me. To go through that much trouble to literally scare the **** out of the players who were none-the-wiser that the place of business was actually an illegal operation of any sort and detain them as they did seems like a pretty terrible way to "enforce" the law.

Seems like it should be in the best interest of public safety and law enforcement to just go after the owners of these establishments in a much much different way then to bust through the doors with guns blazing with so many innocent bystanders all around. By innocent bystanders, I am not even referring to the potentially innocent players(as it seems there is no precedent either way regarding this as of yet) but rather, the hundreds of people just feet away enjoying a Friday night at their favorite restaurant, bar, and nightclub...all of which are located in the immediate parking lot.

All of that being said, I still am not sure where we are playing day 2 of this tournament!!

Arizona Quote
12-15-2011 , 12:30 AM
Quote:
Originally Posted by The Palimax
The state (as witnessed by the busts) thinks the game is illegal because the owner/operators benefit.

If the game has benefit for the owners, then it's not social.

The state has a list of specific exclusions for gambling that are legal, and then everything else is illegal - even for betting and wagering, a class 1 misdemeanor.

Since the state thinks that game isn't social, it isn't covered by the other exceptions, and it's illegal for the players to play in it too.

http://www.azleg.gov/FormatDocument....13&DocType=ARS

In simple: You and I can play poker, and it's social, and since it's social, it's covered in the exemptions. If someone rakes our game, then it's not social, and it's not covered by the exemptions, and we're now committing a misdemeanor crime in AZ.
It's tricky because if you are not the one deriving a benefit from the game then you aren't the manager etc. I had an argument with AZDOG intern about whether the statute made it illegal to play online poker in Arizona.

As is they never charge the players so a judge will probably not rule on it.
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12-21-2011 , 05:23 AM
Google the town of Show Low, AZ ... how you think it got it's name?

Poker, has been played for money, here in Arizona, since before Arizona was a state. It should grandfather some kinda pre-federal law. Or is it a federal law violation .... my father is the law prof. Ask him.

I think it's more of a game of skill than fantasy football is ... and that's really where it becomes very simple.

"Gambling" on fantasy football online, is not considering gambling. It's legal because it is a game of skill.

Poker does not fall into this category. It's considered gambling.

The people who write these laws ... they prolly think they are good FF players.

Every year ... since 1999 I have played Fantasy Football. I won it all once. Last year. That's about right .... you win it one out of every 12 years, w/ a 12 team league.

But I've never finished .... in 12 years .... worse than like 6-8. I've always been in contention .... skill? yeah .... the same info is out there for everyone now.

10 years ago ... you had to rely on people like me, to post here and there, about what was going on with the Giants.

Oh, wait this place didn't exist back then? OK go to FFtoday.com and search for Giants Fan .... there's a whole big history there.

Poker, in Arizona ... we may be the best players in the country ... get no respect.

Come visit! Gorgeous in the winter.

Last edited by afwoods; 12-21-2011 at 05:50 AM.
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12-22-2011 , 10:26 AM
I am visiting my parents for the holidays and they recently moved to Buckeye, Arizona. I am from the east coast and not familiar with the area. Is there any good place to play 2/5 NL or 10/20 limit that is not too far of a drive.

Thanks!
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12-22-2011 , 04:45 PM
Everything in Phoenix is a drive. Start getting used to it.

Short answer to your question is no. There are legally-embattled strip-mall games in your part of town, but they've been raided by the police as recently as last weekend.

Your only legally sound choice are the major tribal casinos - Casino Arizona, Gila River (multiple poker locations), and The Fort.

From Buckeye, you can go down 51st ave to Vee Queva, but it's mostly low-limit. If you want to play 2/5NL, your only choices are the games at CAZ or the 5/250 spread at Gila. 8/16 limit can be found at both as well. Bigger limit games only exist at CAZ.

I've got a spreadsheet and map somewhere. Maybe at the top of this thread
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12-23-2011 , 12:52 AM
Quote:
Originally Posted by RockstarRossi
After that, they ran us through the police computer network, and if we had no warrant were uncuffed and told to leave the premises immediately and that we were now trespassing.
LOL, who are the cops to say you are trespassing on private property unless the owners/renters made a complaint?
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12-23-2011 , 12:55 AM
Quote:
Originally Posted by afwoods
Poker, has been played for money, here in Arizona, since before Arizona was a state. It should grandfather some kinda pre-federal law. Or is it a federal law violation .... my father is the law prof. Ask him.
It's not Federal - Nevada has poker.
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12-23-2011 , 03:51 AM
Quote:
Originally Posted by pig4bill
LOL, who are the cops to say you are trespassing on private property unless the owners/renters made a complaint?
The police may have notified the property managers. *shrug*
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12-23-2011 , 05:00 AM
Quote:
Originally Posted by afwoods
Google the town of Show Low, AZ ... how you think it got it's name?

Poker, has been played for money, here in Arizona, since before Arizona was a state. It should grandfather some kinda pre-federal law. Or is it a federal law violation .... my father is the law prof. Ask him.
wtf?



Quote:
"Gambling" on fantasy football online, is not considering gambling. It's legal because it is a game of skill.

Fantasy football was exempted from the UIGEA because the NFL has a heckuva lobby and poker does not.
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12-23-2011 , 05:19 AM
Quote:
Originally Posted by DeadMoneyWalking
wtf?
My father was a fireman. As a small child, I used to engage in a lot of "my dad can beat up your dad" discussions -- since firemen were universally cool professions to per-adolescents in a pre-internet day...

I suspect "my father is the law prof" is the modern version of this.

Anyway, he is right about the Show Low name:
Quote:
According to the legend, the city was named after a marathon poker game between C.E. Cooley and Marion Clark. The two men decided there was not enough room for both of them in their settlement. The two men agreed to let a game of cards decide who was to move. According to the tale, Clark said, "If you can show low, you win." Cooley turned up the deuce of clubs (the lowest possible card) and replied, "Show low it is." The stakes were a 100,000 acres (400 km2) ranch. Show Low's main street is named "Deuce of Clubs" in remembrance.


Another belief about the name is that the two men were in a race for mayor and the vote ended in a tie. The agreement was to open a fresh deck of cards, shuffle them and on the flip of a coin, begin taking turns flipping the cards until one turned over the deuce of clubs, making Cooley the first mayor and the name of the town
-Wikipedia
Arizona Quote
12-23-2011 , 07:07 AM
Poker, has been played for money, here in Arizona, since before Arizona was a state. It should grandfather some kinda pre-federal law. Or is it a federal law violation .... my father is the law prof. Ask him. Quote.

No hes not he's the postman ask you mom!
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12-23-2011 , 05:20 PM
Quote:
Originally Posted by The Palimax
The police may have notified the property managers. *shrug*
The cops still have no place declaring them trespassing.
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12-23-2011 , 05:29 PM
Quote:
Originally Posted by pig4bill
The cops still have no place declaring them trespassing.
If they worked with the property owners or management company, they could have, sure - which was exactly what you quoted. ...especially outside the business. "You don't have to go home, but you can't stay here." I have no idea if they did work with the property management company or whomever owns the building, or whatever, but that's why I wrote what I wrote with a big "IF" in on it and gave a big shrug...

Of course, everyone in the game was breaking the law, so getting told simply to leave sounds like they came out of it in pretty good shape.
Arizona Quote
12-24-2011 , 05:17 AM
Quote:
Originally Posted by The Palimax
My father was a fireman. As a small child, I used to engage in a lot of "my dad can beat up your dad" discussions -- since firemen were universally cool professions to per-adolescents in a pre-internet day...
Your Dad could probably still beat up my Dad. But then my Dad would sue him.

You decide who wins.
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12-27-2011 , 05:29 PM
They still decide tied elections by drawing cards some places, I love that.
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01-12-2012 , 03:06 PM
Quote:
Originally Posted by The Palimax
Of course, everyone in the game was breaking the law, so getting told simply to leave sounds like they came out of it in pretty good shape.
Everyone was breaking the law? Really judge and jury and king of speculation and ianal opinions? I need a good chuckle break so please, do tell.
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01-12-2012 , 03:11 PM
Quote:
Originally Posted by CitzAgainstTyranny
Everyone was breaking the law? Really judge and jury and king of speculation and ianal opinions? I need a good chuckle break so please, do tell.
If the game wasn't social - which the state believes - then none of the play in the game was social either.

If the play isn't covered by one of the exceptions (Social, State Fair, etc.), then the player's gambling is also illegal.

The owners of these rooms put their players at risk too, because they wouldn't make any money if they didn't.
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01-12-2012 , 04:21 PM
Has there ever been a conviction in AZ just for playing? I really doubt it.
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01-12-2012 , 04:57 PM
Quote:
Originally Posted by DeadMoneyWalking
Has there ever been a conviction in AZ just for playing? I really doubt it.
Not that I'm aware of. I doubt it'd happen as well; although I can imagine a scenario where someone who got tagged at one of the previous busts might get popped when/if they bust another room and he gets tagged again.
Arizona Quote
01-14-2012 , 05:23 PM
Quote:
Originally Posted by The Palimax
If the game wasn't social - which the state believes - then none of the play in the game was social either.

If the play isn't covered by one of the exceptions (Social, State Fair, etc.), then the player's gambling is also illegal.

The owners of these rooms put their players at risk too, because they wouldn't make any money if they didn't.
Without responding with a wall of text please locate the state statute that say players are at criminal risk for playing poker, even if the game is later determined to be unlawful.

For bonus points, avoid pointing to any ADoG interpretations.
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01-14-2012 , 05:46 PM
Quote:
Originally Posted by CitzAgainstTyranny
Without responding with a wall of text please locate the state statute that say players are at criminal risk for playing poker, even if the game is later determined to be unlawful.

For bonus points, avoid pointing to any ADoG interpretations.
http://www.azleg.gov/FormatDocument....13&DocType=ARS

If you gamble, at all, in Arizona, and you're not one of the exceptions, you're guilty of a class 1 misdemeanor.

Quote:
Originally Posted by Betting and wagering; classification
A. Subject to the exceptions contained in section 5-112, no person may engage for a fee, property, salary or reward in the business of accepting, recording or registering any bet, purported bet, wager or purported wager or engage for a fee, property, salary or reward in the business of selling wagering pools or purported wagering pools with respect to the result or purported result of any race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever.


B. A person shall not directly or indirectly knowingly accept for a fee, property, salary or reward anything of value from another to be transmitted or delivered for wagering or betting on the results of a race, sporting event, contest or other game of skill or chance or any other unknown or contingent future event or occurrence whatsoever conducted within or without this state or anything of value as reimbursement for the prior making of such a wager or bet on behalf of another person.


C. A person who violates this section is guilty of a class 1 misdemeanor.
Again, it's illegal to gamble in Arizona unless your gamble falls into one of the exclusions.
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