Carter Lake, Iowa- A local business that plans on holding a 10-week long tournament which will start on Jan. 7th has started a legal discussion by the State of Iowa and the Pottawattamie County Attorney's Office.
How the tournament proposed at the new Chez Paree stands under the law, however, is being debated by the State of Iowa and the Pottawattamie County Attorney's Office.
City Attorney Joe Thornton said he has not come to a conclusion on the matter.
Richter said he initially sought an opinion on the tournament's legality from the state. The Iowa Attorney General's Office indicated that his question was not clear.
Richter sought a determination from Pottawattamie County. County Attorney Matt Wilber responded by saying that the type of tournament Richter had described "would not likely be prosecuted by this office."
Wilber said it appeared that state law allows "bona fide contests" if certain requirements are met. Such contests can include "cribbage, bridge, chess, checkers, dominoes, pinochle and similar contests, leagues or tournaments."
"It is my opinion that the type of poker tournaments that you describe could fall under 'similar contests' and would therefore be lawful as a bona fide contest," Wilber wrote.
However, the Iowa Department of Inspections and Appeals describes Wilber's position in a letter sent Monday as "contrary to law."
Wilber disagreed in his reply to the department, essentially arguing that the tournament would fall under a loophole in the law.
Councilwoman Marcy Hawkins asked how Richter planned to proceed in light of the differing opinions.
Richter said he believes that the tournament is "clearly an exception" to Iowa law and would proceed. He has advised tournament operators that the event would be a "window of opportunity" that the Iowa Legislature probably would close.
"Right now it's legal, and I'll stand on that," he said.
It's good that this sort of argument is finally being used. People seem to see cards and money as gambling, but don't blink about a bridge tournament or pinochle. There are all sorts of tournaments in which people put up an entry fee and compete--- fishing, darts, bowling--- it just isn't possible that all these things can be illegal. And if those tournaments aren't illegal, neither should poker tournaments.
Omaha.com
