N.C. Court Rules Against Poker Skill Argument

A three-judge panel in a North Carolina State Court of Appeals ruled Tuesday that poker is a game of chance, thus making it illegal to wager items of value in a game.  While the panel did admit that skill plays a role in one’s success, it also said that one "…is always subject to defeat at the turn of a card." 

The ruling stems from a case dating back to 2004, when Howard Fierman wanted to open a poker club in Durham County.  Durham County District Attorney Jim Hardin said it was illegal, so Fierman sued.  Fierman’s attorneys, of course, argued that poker was a game of skill, not unlike golf. 

Marcus Hill was one of Fierman’s attorneys who was involved in the original lawsuit, but not this latest appeal.  "Anyone who doesn't think that poker is a game of skill hasn't played poker with skilled players," he said.  "It's sad that North Carolina hasn't moved into the 21st century." 

Four expert witnesses, including professional poker player, Roy Cooke, testified on Fierman’s behalf that poker is a game of skill, citing the complicated strategy involved. 

On the other hand, Richard Thornell, who is not a poker expert, but rather an officer for the North Carolina Alcohol Law Enforcement Division, said that luck is, in the end, the deciding factor for wins and losses. 

Judge Ann Marie Calabria essentially made the basic skill argument for all to read, but for some reason, still decided the game was more luck than skill: 

"Although skills such as knowledge of human psychology, bluffing, and the ability to calculate and analyze odds make it more likely for skilled players to defeat novices, novices may yet prevail with a simple run of luck," she wrote. "No amount of skill can change a deuce into an ace." 

The fact that she said that skilled players are “more likely” to defeat novices and novices “may yet prevail,” but still said that poker is not a game of skill borders on mind boggling.  Saying “may yet prevail” implies that novices still have a shot at winning a session, not that luck is the main reason anybody wins.  Marcus Hill is right – North Carolina needs to wake up and realize that anything involving a deck of cards or dice is not the devil’s game.

Originally published 7:40 PM Thursday, May 03, 2007