Reponse from author of Poker Craze article

[Ponks]

Link to the original post

My opinion is that Hold'em is definitely gambling, but it has a positive expected value if the person is skillful enough.

Here's the email reponse I got from Frank Ball if anyone was interested:

"Thank you for your email.

I appreciate that my cursory remarks to a local newspaper are in need of further clarification. I apologize for not going into greater detail. I certainly did not wish to imply that poker was just a gamble, with no skill. It takes a high degree of skill. I have witnessed professional players in action both in Vegas and here at the Card Club at Canterbury Park in Minnesota. I admire their joy of the game. Please allow me to explain further, which might help you understand some issues on the legality of this game.



In considering what might constitute gambling in Minnesota we apply a simple analysis of the game being examined. We look to see if in fact the three elements of a gamble are present. Those elements are best described as prize, consideration and chance. We look to see if someone is risking something of value (consideration), that the outcome of the event is determined by chance (in the case of card games the element of chance is created, through the shuffle, cut and deal of the cards) for which the person has opportunity to win a prize (that is something of value). If those elements exist then what is happening is gambling. If it is gambling then we need to determine if it is authorized by statute is therefore lawful.



Texas Hold-Em is a card game and in the way it is played is gambling. Since it is not authorized by statute in Minnesota we need to then see the setting in which it is played. We must determine if it falls under the private social bet exceptions to the gambling statutes. If it does not then it is being played in violation of the law. Minnesota law allows for social skill card games of cribbage, skat, sheephead, bridge, euchre, pinochle, gin, 500, and smear or whist; as long as the sponsoring organization receives no direct financial benefit and the prizes do not exceed $200.



None of this is to say that there is not some level of skill in the play of any card game. Knowing the statistics and probabilities for a particular winning outcome, betting strategies, use of player psychology, etc., are all playing skills. A skilled player has an advantage over an unskilled player. However, we often use the phrase optimum play in place of the word skill. As I recall, and I can be corrected, in the case of draw poker, for example, these factors (optimum play) represent about a 3% increase in the probability of having a successful outcome. The largest factor still remains in the shuffle, cut and deal of the cards. It is only after this event has occurred that these other elements become factors in the play. Recognized gambling authorities throughout the years have recognized the insurmountable difficulty any player has in overcoming the so called “cold deck”. This is the significant element of chance found in the play of cards.



I apologize for slighting the skill of those who play these games, which certainly was not my intent. I also recognize that this card game is extraordinarily popular and people enjoy playing it. In the end what is clear, is that games of chance not authorized by statute are illegal in Minnesota. That was the point of my comments.



Regards:



Frank Ball – Director

Alcohol and Gambling Enforcement Division

Minnesota Department of Public Safety"


Ponks