Wisconsin Court Case about Poker

Judge Niess said poker is “as much a part of the American fabric, I think, as baseball and apple pie.”

A group of poker professionals who tried to change the Wisconsin gaming laws through a lawsuit were disappointed by a ruling on Wednesday, despite the judge’s obvious sympathy. Circuit Court Judge Richard Niess ruled against the plaintiffs in the case, despite telling the poker players they had proved their point. Ultimately, Niess’s ruling relied on precedent and not sentiment.

The case was brought by Mark Kroon, owner of the Players Sports Bar in Madison, and Steve Verrett, the chairman of Wisconsin’s chapter of the Poker Players Alliance. Verrett and Kroon wanted poker legalized in the state of Wisconsin, based on the idea that poker is a game of skill.

Game of Chance or Skill?

The way Wisconsin’s gaming law is written, games of chance are banned. Betting on games of skill is not illegal, though. The PPA decided to bring a court case which challenged the notion poker is a game of chance. If they could prove their case, then gambling on poker would be a legal in the state.

Gambling laws are not enforced against small poker games for money. They are enforced on large gatherings for poker gambling, such as poker nights and card tournaments.

Mark Kroon’s Goal

Mark Kroon wanted to host events at the Players Sports Bar, which is why he brought the court case in Dane County, where Richard Niess presides. The case got enough attention that 20 poker players gathered to here Niess’s decision on Wednesday.

The judge was sympathetic to the arguments, even though he did not rule on behalf of legal poker. According to Judge Niess, he believes poker is a game of skill. Niess felt the players proved that contention beyond a doubt.

Precedent Trumped Logic

Unfortunately, decades of legal precedent was against legalization. The judge’s decision hinged on the 1964 case of State v. Morrissy. In that case, Morrissy was seeking to have his conviction overturned. Instead, the Wisconsin Supreme Court rejected Morrissy’s appeal and ruled that playing poker is gambling.

Judge Niess said to the gamblers, “I’ve got to say that poker is such a rich topic on so many levels. It’s as much a part of the American fabric, I think, as baseball and apple pie. But having said that, I can’t ignore the law here, and the law unfortunately, to use a poker analogy, is a stacked deck against the plaintiffs here.”

Why Poker Is a Skill Game

Card players feel that poker is a game of skill because people can make a living playing cards. Poker professionals have existed for decades. These people win consistently enough to make a living at the gaming table. Each professional uses a combination of math, intuition, logic, psychology, bluff, and bluster to win consistently.

Many people have argued that poker, like other casino games, is a game of chance. If these people know about poker, they tend to have a cursory understanding of how it works. Those who view poker as a game of chance see all casino games as essentially the same. They might have seen tournaments on television or heard about them, but those programs tend to highlight the underdog stories and the bad beats. In the example of the long shot winners, one gets the impression that amateurs beat the professionals routinely.

Dissecting Perceptions on Texas Hold’em

When they see bad beats happen, the viewers have their impressions reinforced that playing cards is about getting lucky. While there is no doubt that random chance plays a role in Texas hold’em, so does probability. Good gamblers calculate the pot odds in their head, which is a rough sketch of the risks and rewards involved in the hand one is holding. Those with advanced mathematical skills can predict more accurately the odds they’re facing.

One reason Judge Richard Niess calls the game a “rich topic” is the purely mathematical approach is only one way to approach poker. In fact, the professionals need some idea of their odds, but they also must combine that with daring, poise, and uncanny abilities at reading their opponents. Each player at the table has a range of proficiency at these various talents, which is what makes Texas hold’em fascinating.One gambler might be a loose-aggressive player who wants to pressure his opponents while making their own moves unpredictable, while another gambler might be a tight-aggressive player who uses her patience, calculator brain, and ability to fold when most players would take the bait.

Most judges are likely to have spent their lives mastering the law, not poker. The judges of yesteryear reflected the social mores of previous generations, so they were likely to take a dim view of poker, dismissing it as a mere game of chance. Thus, gaming law is full of precedents which keep judges from legalizing poker from the bench. The Wisconsin card players are going to have to go through the legislature.