He said the statute allows for cribbage, bridge, chess, checkers, dominoes, pinochle, "and similar contests, leagues or tournaments." Wilber argued that a poker contest would qualify as a "similar contest" and is allowed.
"I happen to believe that these tournaments ought to be prohibited, but my opinion on that issue is irrelevant to the matter at hand," Wilber writes.
Wilbur indicated he was called on to give a legal opinion on whether an action was permissible and he gave it - and that it was not advice to a private citizen.
He also indicated he has written to Iowa senators and representatives in Pottawattamie County advising them "of this loophole in Section99B.11(2)(d)." Wilber stated, "I would think that a simple amendment that added a subsection prohibiting 'games of skill and chance typically played in a casino environment' would be very effective in eliminating these types of issues in the future."
In his Dec. 20 letter to Wilber, Young included a letter sent to Richter dated Sept. 21 that indicated the DIA's denial of Richter's request for a ruling that would allow for the poker tournament.
That letter, written by DIA General Counsel Jean Davis, indicated Sec. 99B.12 indicates poker is legal as long as certain provisions are met, including the condition that all participants have a "bona fide relationship." Davis argued that is not the case here.
She indicates that since poker is not specified in Section 99B.11 and is addressed in 99B.12, "(it) suggests that the Legislature did not intend gambling by poker as a bona fide contest."
- Tom McMahon
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