Poker not illegal in N.C.; money changing hands is

February 07,2005

Adam Linhardt

Freedom News Service

North Carolina law doesn't split hairs on the legality of poker. If money changes hands, those in the game are breaking the law.

Still, it's been more than a decade since the last poker arrest was made, according to Gaston County court records.

In 1991 Gaston County Police collected $280 in pot money and a 71-year-old man was fined $55 in court costs.

"This is not something we see very often," Gaston County District Attorney Mike Lands said. "I don't know if law enforcement spends a lot of manpower on this kind of thing. We would be more interested in something more organized for profit than a bunch of friends playing a friendly game at the kitchen table."

But those friendly games of poker can end in criminal charges. "Yes, I have to tell you it's against the law," Lands said. "But I don't know how much of a priority this is."

"We don't hear much about poker games going on here," Lenoir County Sheriff W.E. "Billy" Smith said. "Sure, there are games going on. But we don't put up with it."

Smith emphasized that if his office learns about a poker game, officers will break up the game and charge players with illegal gambling.

"We are sending the message that if you want to play poker you better not do it in Lenoir County."

Gale Bess, Gaston County assistant chief of police, couldn't remember the last time that department arrested someone for playing cards for money.

Generally, unless there is a complaint made, police hands are tied.

"If someone calls and is worried they have a spouse who is spending too much money on a game and tells us about it we'll take a look at it," Bess said. "I can't even think of the last time we did."

The popularity of poker on television spawned a craze in the legal world of gambling, such as Las Vegas casinos, said Robert Walker, director of race and sports for the MGM Mirage.

The company operates the MGM Grand, The Belliagio and Treasure Islands on the Las Vegas strip.

"The poker craze parallels what happened in sports gambling 15 years ago," Walker said. "Television completely fueled that craze and we're seeing it in poker rooms now. We see people from all over the country playing. This isn't something people do just in Vegas anymore. They come here for the experience, but they come in knowing how to play. People are a lot more savvy."

The rise of cable and satellite sports programming gave sports gamblers more insights and veiwing choices, which in turn fueled sports gambling, Walker said.

"The same thing is happening currently with poker," he said.

Young people are taking notice as well, Will Brittain, 19, a senior at Highland School of Technology, said. Brittian plays games with friends, not for money, but for chips and bragging rights, he said.

"It's like chess," Brittian said. "You have to get inside the head of whoever you're playing against."

Brittian said he and some of his friends watch "Celebrity Poker. They usually don't play the Texas Hold 'em version of poker popular on professional televised events.

"When it gets serious, it's not as fun," Brittian said. "Most guys I know don't play for money."

Catching poker tournaments is a problem for police, but Lands cautioned players often forget it's illegal.

"It's kind of like speeding - a lot of people speed - and they say, 'Well, you caught me today,'" Lands said. "How many other times did officers not catch them?"

You can reach Adam Linhardt at (704) 869-1828.