The first month of 2009 was chock full of positive legislative news with regard to the poker industry. From the Pennsylvania ruling that poker is a game of skill to Rep. Barney Frank’s statements of intention to pass a pro-regulation bill for online gaming, there are reasons to be optimistic about America’s view of the game of poker. Add more good news from Massachusetts and Colorado, and the odds seem to be increasing in poker’s favor.

On the legislative front, Massachusetts may be on its way to revising a House bill that makes internet poker a criminal activity.

When H.R. 3954 was introduced to the Massachusetts House of Representatives, it expanded gambling in the state but included the stipulation that internet poker would be a criminal offense. The bill called for a penalty of up to two years in a correctional facility and up to $25,000 in fines for those found guilty of playing online poker. However, the Poker Players Alliance’s awareness of the issue spurred an action alert directed at Massachusetts residents, and their barrage of calls and e-mails to State Representatives made a difference.

Reps. Brian Wallace and Martin Walsch, both Democrats from Suffolk County, have announced their intentions to remove the internet poker provision from H.R. 3954. The grassroots effort on the part of PPA members was met with respect and common sense on the parts of Wallace and Walsch, and Massachusetts will likely now refrain from criminalizing online poker.

Thousands of miles away, a Colorado court has ruled that the organizers and participants in a bar poker game cannot be charged with the crime of gambling due to the game’s categorization as a contest of skill.

The case of Colorado v. Kevin Raley began with a game at Rafferty’s Bar in Greeley, Colorado. The game, consisting of approximately 30 players, was raided, and several involved were charged with “professional gambling.” Upon reaching the criminal court, Defense Attorney Todd Taylor argued that the charges should be dropped on the basis that Colorado law provides exemptions for “bona fide contests of skill,” a category that should include poker. The defense included testimony from Gary Reed, Colorado director for the Poker Players Alliance, and Robert Hannum, statistics professor at the University of Denver. In response, a “not guilty” verdict was returned by the jury, and all gambling-related charges against Kevin Raley were dropped.

Upon the conclusion of the case, Reed state, “The PPA is pleased with the outcome of this case. It is further confirmation that poker is indeed a game of skill, not chance. At the same time, the not guilty verdict cements the rights of Colorado citizens to enjoy the American pastime of poker and will allow law enforcement to use its scarce resources to investigate real unlawful activity in the state, not poker games.”

Defendant Raley added, “I am pleased that the jury agreed that my actions in organizing a poker league did not constitute illegal gambling. As a proud member of the PPA, I want to thank them for the support of my case.”

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