[NY60]

Let's dispense with another misconception.

Many folks are asserting that an unidentified pari-mutuel will go out on a limb and "Challenge" the "loopholes" in the current statute by offering NL games with buy-ins higher than $100 or 3/6, 6/12 limit structures and ALL BE DAMNED to do something about it.

Let's look at the process more closely.

First, the DBPR will have on some level an open dialogue with the various pari-mutuels willing to discuss the issues. Remember, these are not "mom and pop" beach front hot dog stands...these are multi-million dollar establishments with significant investments generating substantial tax revenues for the State.

The parties will try to hammer out the issues. One side or the other will inevitably have a significant differnce of opinion as to the interpretation of the state of the law.

Remember, only the Judical Branch has the real and ultimate final authority regarding the interpretation of law so the posturing that will take place between the pari-mutuels and the DBPR will rise and fall on the strength of their legal arguments coupled with the likelihood that a Judge will agree.

If an accommodation cannot be achieved, the pari-mutuel will have to consider the strength of its position and decide whether it wants to challenge the final regulation in dispute.

If the pari-mutuel decides to move forward it must create an artifical reason to get its case into Court. It is at this point that the pari-mutuel will spread an "Unacceptable" game such as a 3/6, 6/12 limit or NL game with a buyin higher than $100. The timing of the spreading of this "Unacceptable" game will be communicated to the DBPR in advance so that they will have a response prepared.

The goal of all this is to generate a cease and desist letter directed to the pari-mutuel which will serve as a basis to commence litigation.

This is a sort of throw back to the civil rights era where civil disobedience was the order of the day. Of course in those days, folks were out getting arrested and their heads kicked in in order to challenge laws. Arrest and beatings were a means of generating social sympathy and attention which is not needed here. The State Attorney's office does not want to prosecute people for playing poker especially under color of law, and the pari-mutuels do not want to be known by the general public as the place where you can go to get arrested for playing poker.

By contrast, this will be more "civil" version of "civil disobedience" so don't expect a "bulldozer" showdown between the poker advocates and the evil state.

If I had to make a prediction, and for what its worth, the DBPR got their heads handed to them the last go round in Court, and with the recent change of governors, it will be less likely that an EXTREMELY hardline approach will be taken.

However, the law is the law, and the bureaucracy (pronounced "bureau" - "crazy") is still the bureaucracy so expect some degree of resistence resulting in an accomodation without resorting to litigation. Perhaps a 3/6 limit spread for hold'em.

By the same token, do not look for NL cash games with a buy-in higher than $100 without a Court battle.