Home / Poker News April 2011 / ePoker at the Center of Wisconsin Legal Bout
ePoker at the Center of Wisconsin Legal Bout
Posted by: James Carter. - Fri, 2011-04-01 12:26
The State of Wisconsin has seen more than its fair share of legal bickering lately. Although much of the ruckus has been about “more important” legal issues than gaming, it seems like poker, precisely ePoker has found its way into the fray too. The apple of discord appears to be a newly introduced game by the Madison Ho-Chunk nation which – according to the state is in violation of a 2003 Compact based on the Indian Gaming Regulatory Act of 1988.
The state claims that while the above named Compact only allows the tribes to operate games classified as “Class II”, the ePoker games are just like blackjack and slots in the sense that players bet against the house when playing them.
Class II games – according to the legal definition – are games like bingo or punch board and pull tabs games which qualify as non casino games. Class III games on the other hand are house banked games, which should only be offered in licensed casinos.
The Ho-Chunk nation obviously disagrees with the State’s stance on the matter, upholding that – because it has players betting against other players instead of players betting against the house – ePoker games belong in the Class II category. To spice things up, the tribe has obtained an advisory opinion holding from the National Indian Gaming Commission, which props up its position.
According to Ho-Chunk Nation President Wilfrid Cleveland, his tribe had sought legal opinion on the introduction of the new games at Ho-Chunk Gaming Madison before actually making the move, and the 7-page advisory opinion holding was what they got.
The conflict is exasperated by the fact that Dane County residents have voted no to Ho-Chunk Madison Gaming’s adding of casino-style games back in a 2004 referendum.
To further add to the legal confusion, brick and mortar poker – offered by various licensed casinos throughout the State – is considered a Class III game. That raises the question: if ePoker is recognized as a Class II game, shouldn’t actual poker be recognized as such too?
