After two men filed a declaratory judgment in a Wisconsin court earlier this year, it was thought that laws regarding the play of poker in the state might be changed. Alas, due to the way the laws are written in the Badger State, the law making poker illegal will remain on the books.
Poker professional Mark ‘P0kerH0’ Kroon and the Poker Player Alliance’s Wisconsin Director Steve Verrett filed the suit, numbered Case #20155CV002329 in the Dane County records, looking to change the laws regarding poker’s illegality on the grounds that the game is one predominantly of skill. The duo was able to put together $10,000 for the legal expenses that it would take to file the motion and, on Wednesday, Circuit Court Judge Richard Niess took to his bench to make a decision on the case.
Looking over the voluminous information provided by Kroon and Verrett regarding the “skill versus luck” argument that is the predominant determinant in whether an activity constitutes gambling or not, Judge Niess is reported byPokerNews.com’s Chad Holloway to have stated, “(I’ve) certainly enjoyed this case, not so much from the point of view of the legal issues, which I don’t think are all that difficult, but certainly the consideration of poker is always entertaining for me, even though it’s not always quite so entertaining at the poker table.”
Unfortunately for Kroon and Verrett (and the host of supporters not only in the courtroom but also those who had contributed financially to the fight), Judge Niess couldn’t offer them the support they required. Citing a 1964 Wisconsin Supreme Court ruling that expressly upheld a criminal conviction in a case regarding a bar running poker cash games, Judge Niess said the upheld conviction “specifically calls poker gambling within the meaning of those statutes in that case (and are) binding in this court (even with the) consideration of the “skill versus luck” argument being a predominant feature.”
The news doesn’t get any better for Wisconsinites in the near future, either. Judge Niess stated to Kroon and Verrett that appeals to the Appellate Court wouldn’t make any headway either because they are bound by the same Supreme Court ruling. “I think any relief you get would have to be at the Supreme Court, which is probably like drawing to an inside straight, or maybe in the legislature, but at this level I can’t do anything,” admitted Judge Niess.
Holloway reports that both Kroon and Verrett were both dismayed with the ruling and weren’t quite sure if or how to continue with the case. “Clearly we were fighting an uphill battle,” Kroon remarked to Holloway following Judge Niess’ decision. “We were all hoping for the best, but the judge said his hands were tied. He was a nice enough guy, tried to let us down easy, but I think there’s just so many ruling against poker that they can’t ignore that.”
Kroon also believes that it is a fight more suited for Verrett’s partners on the national scale. “We’re just fighting such an uphill battle,” Kroon finished with Holloway. “With our limited funds, I think we really need the national PPA get involved to get this thing changed. Doing this at a state level seems almost like an impossible task.”
It doesn’t appear that any relief will come from the legislative branch of government, either. With the Wisconsin legislature and the Governor’s seat in firm control of the Republican Party, there is little drive to expand gaming in the Badger State beyond the tribal casinos that are already in existence. Add in Governor Scott Walker’s dalliance with the Republican Party’s nomination process for the President of the United States in 2016 and little is expected to get done in the legislative halls of Madison for much of the next year.
At this time, Kroon and Verrett haven’t determined their next course of action. It is still illegal for poker tournaments to be conducted in Wisconsin, but Kroon and Verrett may still have the winning hand in the end.