Quoting the precedent of 1964 case State v. Morrissy (25 Wis. 2d 638), a Madison Circuit judge in Wisconsin upheld the state’s ban on poker in a case this week.
Poker is currently banned in commercial buildings, including taverns and pubs, although electronic poker is permitted at tribal reservation casinos operating in the Badger state.
Judge Richard Niess handed down his findings after hearing arguments in the case Steve Verrett et al vs. J B Van Hollen (Wisconsin’s Attorney General), in which Verret and a group of poker players presented the skill vs. luck argument and asked the judge to overturn existing Wisconsin law.
The plaintiffs also noted that a recent ruling allowed native American tribes to offer electronic forms of poker in establishments located on tribal land, and that this change introduced inequality and overrode the 1964 court decision.
Verrett is president of the local Poker Players Alliance chapter, and he was supported by Mark Kroon, a sports bar owner who has in the past organised tournaments.
Judge Niess conceded that skill is a significant element in poker, but said that he could not overturn the 1964 state Supreme Court precedent, which had held that existing statutory bans were lawful and correct.
Verret and his associates are considering a further appeal to the Wisconsin Supreme Court, despite a comment from the judge that such a move has about as much chance as drawing to an inside straight.