http://www.riverloc.com/
Burns was charged with running a tournament advertised on one date, but items and cash from another charity tournament were confiscated. He was not charged as of this post with anything regarding running that tournament according to his website. He is suing for return of equipment and cash from that tournament from which he was not charged, and arguing that poker is not gambling.
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"...Burns and his attorney, David J. Millstein, insist poker is not gambling under state law because it is a game of skill.
Unlawful gambling, Millstein said, is defined as paying to participate in a game predominated by chance to win an award.
"Our position is it's no different from playing in a golf tournament," Millstein said.
Millstein filed a motion seeking to recover more than $11,000 and other property police confiscated from Burns' home and office and the Seward hall. The remaining money was seized Aug. 22 from a bank account.
Westmoreland County Judge Richard E. McCormick Jr. scheduled an Oct. 9 hearing on that motion.
The president of No Dice, a regional organization opposed to government-sponsored gambling, said it's ironic the state is cracking down on a poker ring at a time when it's luring gamblers to recently opened casinos. "
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Ironic indeed.
On what Burns is charged with, gambling devices, here is the statute:
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§ 5513. Gambling devices, gambling, etc. (a) Offense defined.--A person is guilty of a misdemeanor of the first degree if he: (1) intentionally or knowingly makes, assembles, sets up, maintains, sells, lends, leases, gives away, or offers for sale, loan, lease or gift, any punch board, drawing card, slot machine or any device to be used for gambling purposes,
except playing cards; (2) allows persons to collect and assemble for the purpose of unlawful gambling at any place under his control; (3) solicits or invites any person to visit any unlawful gambling place for the purpose of gambling; or (4) being the owner, tenant, lessee or occupant of any premises, knowingly permits or suffers the same, or any part thereof, to be used for the purpose of unlawful gambling.
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Now I'm just an interested bystander who also has to enforce these laws.
This is a precedent-setting case. Why is more attention not being paid to this?!?
Right now, it's open to opinion of the local authorities, the state police and the county DA's (and perhaps the PLCB with bars) on what constitutes "unlawful gambling".