A Durham, North Carolina businessmen has put the skill vs chance
argument surrounding the game of poker back under the microscope by
launching litigation that challenges a previous ruling by a local
judge.
In the ruling, the judge found that poker was a game of chance and
consequently it was illegal in terms of state law when betting was
involved, but Durham businessman Howard Fierman contests this in a
case now before the state Court of Appeals.
Fierman may open a poker room in the city if the appeal goes in his
favor. Illustrating the concept of skill vs chance, Fierman's legal
representative, Whit Powell said that if an average player entered
a game of poker with a table comprised of expert players of the game
he would probably lose - not due to bad fortune, but to higher levels
of skill among the opposition.
The case has its genesis earlier this year when the Durham district
attorney opposed the opening of a local poker parlor on the grounds
that playing the game with bets was illegal in state law. Fierman
is a member of a poker group called the Joker Club and he filed an
action against the DA. This subsequently went before a judge, who
ruled in favor of the DA.
A three-judge panel is considering the case; Judges Ann Marie Calabria,
Martha Geer, and Barbara Jackson could take months to reach a decision,
which is not necessarily the final word on the issue - it could then
be referred to the State Supreme Court.