Virginia Poker Case Heads To State Supreme Court

A Virginia man is moving forward with arguments against the gaming laws on the books to the state’s Supreme Court, where what might be a final verdict will be rendered.

According to Virginian-Pilot reporter Dave Forster, Charles Daniels, a former poker hall operator in Portsmouth, received word yesterday that his appeal against the current laws on the books of the Commonwealth would be heard in front of the Virginia Supreme Court during its upcoming session. Daniels, who has previously enlisted the aid of the Poker Players Alliance in fighting the cause and was also notified of the appeal, makes his case for overturning the existing regulations on two fronts.

Forster reports that two matters will be under consideration for the Virginia Supreme Court. First, Daniels contends that the state’s gambling law is unconstitutionally vague and therefore unenforceable. The second contention of Daniels’ case is regarding the element of chance in a particular game and whether the mere existence of that element is enough to make a game illegal under the current statutes. Daniels has contended that poker, unlike other casino table games, is predominantly a game of skill and is legal.

The case dates back to the mid-2000s, when Daniels operated a business called the “Poker Palace” which offered poker for its customers. That business operated from 2006 through 2010 and donated much of its proceeds to charitable causes. During arguments last year in Portsmouth’s Circuit Court, Daniels produced records to show that 74% of the business’ revenues (approximately $700,000) were donated to organizations such as the March of Dimes, the Chesapeake Sheriff’s Office Charities and the Portsmouth Catholic Regional School.

During those arguments last year, it was revealed that Portsmouth’s Commonwealth Attorney, Earle Mobley, ordered the closure of the “Poker Palace” in 2010 (and other poker halls in the city) despite allowing many of them to operate for the past four years. Mobley contended that, previous to that, he had problems with the way the Virginia laws were written and couldn’t effectively enforce them (it is unknown what caused Mobley’s change of heart in 2010).

The hearing in November 2011 brought out the support of the Poker Players Alliance and perhaps one of the most effective ambassadors of the poker community, former World Champion Greg Raymer. During the hearing, Raymer demonstrated for the court the skills required to be an effective poker player. Raymer showed Circuit Court Judge Thomas Shadrick how players could utilize math to maximize their odds of winning and other abilities, such as logically figuring out an opponent’s strategy and reading tells, to prove the predominance of skill.

After hearing arguments from Daniels and the Commonwealth, Judge Shadrick ruled in favor of the Commonwealth despite Raymer’s and Daniels’ arguments. He agreed that poker involved skill but that the outcome was still left to chance. Judge Shadrick also rejected Daniels’ claim regarding the vagaries of Virginia’s gaming laws.

The citizens of Virginia have responded to Forster’s story, seemingly supporting the case of Daniels. Poster ‘sas310’ wrote, “The Virginia lottery is a game of chance and a lot of money is wasted playing it. Poker is a game of skill. The only difference is that the lottery proceeds go to the state. That is why the state doesn’t like poker or any games that the state does not get a cut.” Another poster points out a statement from Daniel Negreanu that a good player can play an average player and win without looking at their cards, attempting to drive home the skill aspect of the game of poker over the chance argument.

Forster doesn’t report on what approach Daniels will take in preparing the briefs for the appearance in front of the Virginia Supreme Court. Those briefs are expected to be filed over the next few months and a decision on the case from Virginia’s highest court should be rendered by early 2013.