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 International Card & Game Players Association “a voice for the pros” 

TO: To the Residents of Phoenix and Tucson:

FM: The International Card & Game Players Association

RE: The Poker Wars in Arizona

I am the founder of the International Card & Game Players Association of Tombstone Arizona. For over three years now, we have been engaged in a battle with anti poker forces, concerning who has the right and responsibility for control of the strategic contest known as poker. Is it the State of Arizona, or the Poker players themselves? Well in Cochise County it is the players by acclamation of state, county and city law enforcement.

The ICGPA is certain that we have a lawful; right to organize our game and industry? A valiant group of Citizens from Cochise County intended to establish that legal theory as a fact. And, on June18^th 2005 they formed an association of cash players (the Arizona Card League---ACL) and challenged the State’s claim of authority over the game of Poker. They accomplished this by organizing their own game in Bisbee, Arizona; and then noticing the prosecutors of their intentions and their cash game. They posted notices throughout the County; including the City’s police department. 

As a result of those good citizens actions; the game and profession of poker, has found a safe refuge in Cochise County. A refuge made indispensable, due to the unlawful practices of the AIG Compact monopoly’s poker rooms that are abusing our players. Their quasi police force is being utilized, to hassle and intimidate, by continuing to accuse us of being a felony enterprise to the public. We are now moving our sanctioned rooms and arenas into the Phoenix and Tucson areas to provide safe haven for the professional and semi professional poker players in the area. Something the ADG cannot seem to accomplish.

We would encourage you to follow closely, the Poker War in Arizona. Please visit: icgpa.org where mounds of unedited prolix have been crafted, in a successful effort to gain control of our own Global game and industry. We intend to make a demand to this quasi State police agency, for damages for their illegal and improper conduct; covering several years duration.

Also, we wanted you to be aware of our new sanctioned Phoenix venue at Poker Nation in Northwest Phoenix; another sanctuary for our players from the Indian Casino’s excessive rakes (thefts) from our prize pools (the Tucson location will open shortly as well).  The following is a notice we have sent to the Mayor of your city to explain our position in hopes they will see a better public policy in supporting the professional poker industry in their efforts to bring sanity out of chaos.

Harold Lee, Founder ICGPA

Tombstone, AZ

June 13, 2008

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 International Card & Game Players Association “a voice for the pros” 

Under a government which imprisons any unjustly, the true place for a just man is also a prison---Henry David Thoreau

 Dear Mayor,

To friends and acquaintances that fear for my safety and freedom; due to our relentless attack on the forces that oppose the right, of the globally recognized game of Poker, to self control its affairs: I am esteemed at your concern. But, risking the pleasures of life and happiness, in the defense of freedom and liberty, (if you will pardon the pun of a game player) seems a good bet.

We are a lawful organization within a lawful profession and industry. We have always supported and continue to support the prosecuting authorities at all levels of government, who have continued to leave us unmolested. And in the case of the municipalities, who have actually acknowledged our right to exist by issuing us a license to do business in their jurisdiction---to them we are particularly grateful. And in kind, we have hosted benefits for them to demonstrate our value to the community.

So why can’t we rent a room in a hotel in Douglas? Or buy advertising on a television station in Tucson? Because the Arizona Department of Gaming continues to maintain that we are an illicit operation. This is not a case of the Pot calling the Kettle black; it is a case of the Pot, calling the Fire, a Kettle. The only criminal conduct occurring is from the ADG quasi police and the AIG Compact poker rooms.

For decades Poker, the strategic competition beloved the world over, has been mistreated and abused by deluded forces alleging a conundrum exist regarding our global game: Is the game of Poker gambling? Or is it a sport? Well in Arizona it is a sport and bona fide business protected by law. Arizona’s legislature solved the riddle for their citizens. They simply proclaimed statutorily that henceforth; Poker is social gambling. Social gambling; is a self created class of conduct, provided by the lawmakers, unique in only one way; it is excluded as being criminal conduct by the force of law. Consequently, poker is legally exempted from the control of the gambling enforcement authorities. Poker is a lawfully recognized and legally protected business in Arizona.

The poker rooms within the gambling industry’s casinos had begun to dwindle, and all but disappear from casino operations; until Twentieth Century technology met the very old game of Poker. What has evolved from this serendipitous event; is an incredible love affair between poker and tens of millions of fans---all over the entire World! In the last ten years poker has knocked the world of sports and entertainment off of their proverbial feet. And, as a part of that rebirth, poker has become a highly respected profession and sport. This unfortunately, does not include the Arizona Department of Gaming and their monopoly Poker rooms or police.

Poker has never been chance gambling, but in seeking refuge within the gambling industry, it has been co-opted by them; it has become a victim of their smarmy business practices. The gross mistreatment of Poker, while in refuge in the gambling industry, has caused many of us to strike back in defense of this highly popular, benign adult amusement.  

For the defense and integrity of our lawfully recognized game; in May of 2005 at Bisbee, Arizona several poker players formed a union. We called it the Arizona Card League (now re-organizing as the International Card & Game Players Association). We noticed prosecutors of our intention to organize personally and in writing.

We informed them that we intended to escape the inconvenience and abuse of the AIG Compact poker rooms. We intended to play our game under the rules of Hoyle, and our own local rules. Our members would like to be free to play our game in the manner it was designed to be played; without the silly trappings of the gambling industry’s illegal rakes and silly jackpot scams

Henceforth, we would no longer be forced into State sanctioned Poker rooms of the AIG Compact monopoly; those rooms where we are victimized by excessive house rakes of the contestants prize money; in clear violation of State law. And further, that the incredible distance required traveling, in order for our members to participate in an organized match, was unnecessary since the legislature had exempted Poker from criminal conduct

We dutifully notified the State, City, and County authorities of our intention to organize a union. Those authorities; including the County Attorney and the State Attorney General have never voiced any disagreement with our organization, nor even suggested that it might be an illegal operation. However, that cannot be said of the AIG Compact monopolies, which continue to steal from the competitors jackpots, in order to create chance win jackpots, for a third party in a future match; in short; theft and conversion.

In 1998 the Gaming Department advised that our Attorney General had concluded they were in violation of Arizona law; the very reason for having a state gaming department is to oversee potential violations of this monopolistic Compact. The response has apparently been; so what? We are a monopoly and laws do not apply to us; we are an amoral organization, immune to natural forces in society. We are above and beyond the law for you plebeian poker players or the citizens. This is natural thought for folks invested with the power of a monopoly; which is why monopolies are always an aberration to a free society.

Since we formed our union over three years ago, we have been accepted and embraced by our community. We have conducted numerous charity events for those cities where we play and they have expressed their gratitude to us. We are approaching a thousand members. By the time we open the Phoenix and Tucson Arizona Card Room facilities we will have been operating for over three years unfettered by local authorities (some of whom are members).

Sadly, the only discordant note, among all of this harmony has been introduced by an organization, which is the creature of an organization, many citizens feel is itself illegal. It is the Arizona Department of Gaming; the quasi State police agency of the Arizona Indian Gaming Compact monopoly. This purported police agency’s officers, in that same three year period, have spent enormous resources in an attempt to break up our union. They have conducted two under cover operations; which both resorted in no criminal charges (or even warnings) from state, county, or city authorities.

The ADG has been attempting to stretch their authority into a county which lacks any AIG facilities. And further, Cochise County had already been made aware of the material fact that cash poker was being organized; and they declined the opportunity to prosecute. Traveling hundreds of miles, uninvited and out of their jurisdiction, to harass a legitimate locally licensed legal game, is certainly not appropriate conduct.

When these (unnecessary and unseemly) investigations failed to produce the desired result, they came to our business in full regalia, to do a formal investigation (successfully scaring off a few of our players). And they again sought to have us declared a criminal enterprise, but still failed to succeed in closing us down. That was expected since we are not a criminal enterprise. However, they can make no such claim; it is still theft and conversion for a third party to tap a contestant’s prize pool for their own designs. And they are still doing it as of this writing. Merely stopping this illicit practice would go a long way towards providing relief and removing a good deal of the growing animosity we feel towards the casino poker rooms.

The feeble excuse; all casinos do it, is hardly the point. The gambling and casino industry have a smarmy repetition for a reason. That is why most communities do not want them as members. They have bad social skills. Theft and conversion, in lieu of an upfront accessory charge, is a mere method of business to the gambling industry. They are an industry that was born to fleece people. It is true that those people apparently enjoy being sheared of money by attempting to beat the odds. While we may see the conduct of these people as peculiarly like that of sheep; professional competitive poker is not among the devices that should be used by the house, when shearing their guest. And the Poker Industry in Arizona is going to vacate these illicit venues until they cease these practices.

The gambling industry flatters itself with the misnomer; adult gaming and amusement industry. We concur in the assertion that they are an adult amusement, but we have to question the validity of the “gaming” aspect of their claim. If you invite your guest to wager with you on machines and devices that are designed to allow you to always be the winner; it is not much of game. And when those same devices can lawfully be rigged to produce a certain level of pay-out to you, that is not much of a sporting event---except to the folks they call suckers.

The game of poker does not need the casino or gambling industry; given the chance we can stand alone and provide our own protection and security. We can no longer be made to subject ourselves to the inappropriate behavior of our host’s bad conduct. We simply want them to provide our players an upfront (consistent) fee for services. Stop the slight of hand rakes and draws from the contestant prize pool. It is an easy fix; stop stealing from your professional poker guests.

How would those good old NASCAR boys' react if every lap the track owner tapped their prize purse, for whatever amount the track operator felt was appropriate? Or maybe take a little cash out to share with some driver of next week’s race? How would they feel if the track owner decided to rake a little money from this week’s prize purse; to give to some driver who lost---but had a “bad beat” or a crash?

Well that is exactly what the Indian Poker rooms are doing to us (along with most other gambling industry poker rooms). The gambling industry has bastardized our game while we have been in refuge there. For the integrity of the game and its future; we must be allowed to provide for our own sanctuary. The poker rooms provided by the State sanctioned AIGC monopoly are clearly ripping off the professional players.

We intend to lose those silly pure chance trappings that the gambling industry has draped over our game; “cracked aces, “bad beat jack pots”. What do these silly chance games have to do with the integrity of a poker match? When people are playing a contest hoping to lose---the integrity of the game has been soiled. We will provide our own sanctuary from the State sponsored felony poker rooms operated by the AIG Compact monopoly.

However, even after all these years of abuse, at the hands of the gambling industry and their strange policing agency, we stand ready to come to an agreement to help them repair the damages we have suffered through the bad habits of their industry. We are not greedy, but we are growing very weary.

Harold Lee---Founder

Friday June 13, 2008

Tombstone, Arizona

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The letter to Bill

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 International Card & Game Players Association “a voice for the pros”

Our Republican government was founded and rest upon a single idea; that we are a nation of laws. And as such; no person, group, or official is above the law, and we are all to be treated equal under it. Please keep that in mind when reading this: 

Dear Bill,  

After you brought me the Federal commission report revealing a high public official admitting the AIG monopoly poker rooms are criminal enterprises, I was not surprised at the information---we already knew they raked the pot. The bolt from the blue was that they publicly admitted it and, that they had protested (to no avail) to their employers.

And so you are the motivation for this weeks rant on the mistreatment of Poker. Responding to your question; is seeking reparation from the AIG Compact monopoly a reasonable thing to do? I hope these two documents convince you that it is the only thing to do.

The second document is a formal statement I have prepared for the Gaming Department. It is known as a demand letter and should be made before commencing any legal action in court.

For over four years I have had only one genuine goal in focus: Freedom for poker. I have had only one avocation; freeing the global game from the abuse and disrespect of rank government oppression. My physical and fiscal resources have been expended on little else. I am very angry at these people on several fronts, and it can sometimes taint my judgment; that is why I seek your input. On occasion I heed the advice of my counselors; other times I do not; but I always appreciate their consideration.

However, fighting these misguided forces has required me to endure personal attacks from these people. I have been labeled everything from a “crazy old judge” to the “Rosa Parks of Poker” and even “a card shark with an empire”; it matters not. But for me, some of the strength required to withstand being unfairly labeled a criminal; derives from my anger at the level of the ignorance and arrogance of these public officers. However, with actual evidence that they are not merely ignorant, but aware that they are using our game criminally to commit felonies on the State’s professional Poker players---my anger turned to outrage.

For when you remove ignorance from the equation; you are left with only arrogance. And while these folks may be ignorant; they are certainly arrogant, they have read our website more than anyone. They are clearly reaching for power where they have no jurisdiction or right. The game of Poker has been exempted from being criminal conduct by law; and these people know it (or should).

These bogus police are receiving all of their revenue from an enterprise that is (by their own account) committing a continuing felony against a single class of people: My people, the professional poker players. Further they spend their illicit resources in harassing those same players, for patronizing a lawfully licensed business, one that is accepted and respected within the community. They were never invited by any local government or enforcement authority to investigate anything.

In fact, their self-motivated, offensive, and unsavory conduct, in doing two unnecessary undercover operations (both of which resulted in a denial of prosecution) is clearly an abuse of process and authority. However, their third attempt at intimidation; by a pointless visit after the failure of their sleazy undercover operations, did enjoy some success. They did succeed in frighten a few of our members and scaring off a couple of others.

Certainly these, out of jurisdiction quasi police officers, had knowledge posted on our website; where we had stipulated in writing to material facts regarding our conduct. It was the obvious reasoning behind the notice delivered to the prosecutors. Still, they come undercover; sneak into our lawful game, hoping to make crime where none existed. Their crass attempts to impinge on our rights to organize our game and sport must be stopped.

State and county prosecutors, having received notice challenging their authority over poker; has found no reason to expend resources, or to even respond. That notice was hand delivered three years ago last month. No, what is evident by actions; is the ADG quasi police are responding to their displeasure that we went over their heads---they didn’t like it that we made their undercover operations pointless. They apparently don’t like it that their bosses disagree with their legal theories.

And still, this quasi police force has continued to pronounce, under cover of their badges, that we are a criminal enterprise; when in point of fact, they are a self admitted felony enterprise. The Arizona Department of Gaming, who should be doing battle with the criminal operations over which they do have jurisdiction; are instead using their power in a futile attempt to close down a lawfully licensed business.

Following are some (but not all) of our grievances against the contracting parties in the Arizona Indian Gaming Compact monopoly; this is the grist for our cause of action(s) ---whatever they may be:

First, the AIG Compact (monopoly) attempts to establish two different classes of voters, within the State of Arizona, in violation of State and Federal law. The danger to democracy cannot be overstated when viewing the immoral and illegal AIG Compact (monopoly).

Second, for over three years we have been battling hard for our rights, to free our game from the grips of the gambling industry. And these folks are about to lose the war. They are fat and rich from a decade of fleecing the professional poker players. Well friends, they are going to give some of that money back to help our industry recover from a decade of abuse in their illicit Poker rooms. 

Third, the ADG and their quasi police force; have misapplied law and misused their public trust. They have failed to meet the most rudimentary standards of a bona fide police agency. They have failed to protect the citizens of Arizona of the vagaries of their own self designed monopoly; ignoring felonious conduct against poker players.

Fourth, they are guilty of extortion for intimidating vendors of our professional players, by threatening criminal prosecution of lawful facilities which are clearly out of their reasonable jurisdiction---even locally licensed ones. The ICGPA has extensive personal knowledge of this fact. The ICGPA feels; having been victims of these clearly criminal enterprises for nearly a decade, our membership is entitled to reasonable compensation from their criminal largesse, gained over that same period.

And finally, the AIG Compact monopoly’s police force is also liable for their inappropriate conduct, and abuse of process. If local authorities and the State AG have found no need for action in three years of our licensed operations; who are these guys, and what are they doing hundreds of miles out of their jurisdiction, frightening our members? Some of which have not returned.

What are these people policing?

For many years people have debated the question is poker a skill or mere chance gambling? The Arizona State Legislature tackled the question nearly a half a century ago---they couldn’t agree either. So, they acted on what they could agree upon; they exempted Poker from criminal conduct. So whatever it is; Poker is not illegal gambling under Arizona law. Therefore, promoting poker is not promoting gambling. Consequently, the ADG quasi police had no legal grounds, nor any legal authority, to be in our licensed business establishment. The only allegation of criminal conduct was their self generated one; the only thing occurring in our facilities was (and remains) adults legally sporting under the protection of law.

Also, it is not reasonable, nor can it be lawful; to allow a State Department head to acknowledge the existence of a continuing felony under their jurisdiction, and then simply let it fester for perpetuity. Please remember this is a felony against the citizens of the state; somebody is being victimized!  In this case it is the professional poker players in their State sanctioned poker rooms.

To compound the continuing felony, the Department of Gaming enters into their own felony by receiving the money from this acknowledged criminal enterprise. The Arizona Department of Gaming is now, not only condoning the felony against us, they are also compounding the injuries to our lawful sport, our profession, and all the members of the ICGPA.

Bill, we are looking for a lawyer. Our civic responsibility is clear. We can no longer be afraid to speak out against a clearly rogue agency, from an immoral, illicit, and dangerous monopolistic cartel. But, we can take strength in the fact that nothing we are doing is criminal. And they can’t say that---they have admitted to being felons.

Harold

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The letter to the Monopoly

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 International Card & Game Players Association “a voice for the pros

 

Saturday June 7, 2008

Tombstone, Arizona 

TO:  All members of the Arizona Indian Gaming Compact (monopoly)

FM: The International Card & Game Players Association

RE:  Formal demand of the ICGPA

When a State Agency makes a point of bragging about being funded entirely from non-tax payer resources; it is bogus on its face. If it is not supported by the tax payers---it is not supported by the people! In the case at hand, it is actually supported by a continuing felony enterprise; yours.

We ask that you please comply with Arizona laws; and cease your, self admitted felonious assaults, on our professional player’s prize pools and purses.

Also, that you refrain from trying to coerce our players; away from lawfully operated locally licensed, arenas and game rooms, into your criminal enterprises. And further; that you return to the  plaintiffs in this action, the ill-gotten largesse from a decade of continuing felonies against our industry, and its professional players.

The basis of our pending cause of action: 

A 1998 formal opinion, issued by the Arizona Attorney General to the Department of Gaming that concluded; the State of Arizona’s Indian Gaming Compact monopoly’s legally sanctioned poker rooms, are illegal class III gaming operations and therefore, constitute criminal enterprises---they continue to operate as such today. 

 Our ICGPA members will soon abandon the Arizona Indian gaming compact’s illicit poker rooms. The gambling industry has a deservedly dubious reputation concerning ethics and standards of operation towards their guests---it is purported that their guest are all suckers. Well we are not. We are the poker industry, and we are in forced refuge within the gambling industry. We are proud members of the worldwide sports and entertainment industry. Our globally recognized professional sport has been unfairly forced into the grips of this industry and we are breaking out in Arizona.

We foresee success, since we are certain of our rights, and since the authorities seem to be impartially viewing the struggle; well, that is…all except one. That one is a quasi state agency and the grotesque’s spawn of an equally grotesque Indian Gaming Compact (monopoly). It is the Arizona Department of Gaming.

How’s this for police work?

Amazingly, the AIG compact casino’s poker rooms have been operating as felonious criminal enterprise every single day since they opened. They where informed of that fact, by the Arizona Department of Gaming. However, the gaming department, in an obvious case of dereliction of their duty, has neglected to suspend their operation or to formally notify the victims of the continuing felony being perpetrated against them…and we are the victims; Arizona’s professional poker players.

During a Federal commission hearing on July 30^th 1998. Director Husk (Former Director of the Arizona Department of Gaming) in addressing the National Gambling Impact Study Commission, the Director informed the Commission, that our Attorney General “… had concluded that the manner by which poker was being played at Arizona’s Indian casinos violated state law and therefore, constitute class III gaming.” With that statement the Director of the State of Arizona’s Department of Gaming, acknowledged to the Federal Government, that his paymasters where committing felonies against the professional players of our lawful game!

What they did not do (and should be compelled by law to do) was inform the citizens of the State. Certainly we are entitled to some warning, some notification, that we are being victimized by these State sanctioned gaming operations. This would seem to be a minimal requirement of law for any bona fide state police agency.

It is absurd to expect that all the players are aware of the illegal practice of raking their potential winnings. And of those players that are aware, few comprehend the size of the rake, and none know to what end the bounty is used. But, the monies raked, are still the fruits of a felony enterprise. State officials are prohibited by statutory law from accepting any of the largesse of this known criminal enterprise (even if it constitutes their only source of revenue, as it does in this case). But, ignoring these egregious offenses for a decade increases the unfair, unjust treatment of our players; and increases our torment and damages.

Promoting Class III gambling remains a felony under Arizona law. Presumably, this clear violation of the Compact would constitute a breach of the “Compact’s” provisos and result in a subsequent breaking of the Compact. After all, the only reason to have a State Department of Gaming is to enforce the Compact; and to protect the citizens of the State from felony criminal enterprises, associated with the gambling industry---like raking from the contestants’ prize winnings.  

Certainly it was not intended that it should become a felonious operation; threatening lawful competitors of their enterprise with felony prosecution. That is clearly extortion under the law.

We appreciate that having full knowledge of a criminal enterprise being run by the people that provide you 100% of your salary, would certainly be an uncomfortable position to be in. But it does not change your duty as a policing agency, nor as an officer of the State of Arizona. They should still be required to suspend the poker room operations, until they had altered practices to comply with Arizona laws? Or shouldn’t they, at the very least, issue a clear public warning that poker players are being victimized by the criminal practices employed within the poker rooms sanctioned by the AIGC monopoly police?  

Ironically, the criminal act the Director is speaking of is not for playing the lawfully recognized game of poker; they are concerning the house illegally raking the prize pool in poker matches. Raking (removing money from the prize pool) is just one more bad habit of the gambling industry towards their guest. But, it is also felony conduct under Arizona law.

As a guest of the gambling industry, seeking refuge from inappropriately applied law; our game has been abused and victimized repeatedly by unnecessary and abusively high rakes, by our hosts. Our game has been soiled by their industry’s silly jack pots and liberal theft from our prize money. Unfortunately, fleecing guest is the solitary goal of the gambling industry, and they are quite accomplished at it.

The ICGPA and its professional poker players have had it with their abuse; we are leaving. And, we are not going quietly. We will be seeking reimbursements and retribution for the improper and felonious assault upon our industry; from both the gambling industry, and their quasi state monopoly police forces.

Their State policing agency; has confessed to knowledge of these offenses, and have clearly failed to provide relief. They have even failed to warn off potential victims of these felonious acts. On the other hand, they have gone to extreme lengths to shut down a lawful operation, while ignoring the criminal one where they have a justifiable claim to jurisdiction. A prayer for relief from this abuse and misuse of authority is clearly a reasonable one.

To all members of the Compact: Is it unreasonable to ask you folks to repay some of the money you’ve obtained illegally from our players over the last decade? Can we at least ask that you stop committing felonies against us? 

A decade or more of abuses, from your monopoly awash in money, surely deserves reasonable and just compensation for the suffering and abuse from your illicit and immoral Compact monopoly. Your industry can certainly afford to return some of the largesse of your criminal activities. And then please stop them.

The millions of dollars of compensation required to help our abused and victimized industry organize; is currently being calculated. But, the amount sought will be commensurate with the willingness of the offending parties to make amends and assist our industry in organizing itself---a too long delayed necessity for all the citizens of Arizona.

Sincerely,

 Harold Lee, Founder---

The International Card & Game Players Association “the voice of the pros”

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Letter to Mayor of Phoenix

TO:  The Honorable Phil Gordon                                                                                                                         May 12, 2008

          Mayor of Phoenix, AZ

 FM:  Judge Harold Lee (Ret.)

          Tombstone, Cochise County, AZ 

RE:  The ICGPA Benefit Poker Tournament for Habitat for Humanity

 Dear Mr. Mayor,

We seek your help in putting right some wrongs that have unfairly befallen our industry and profession. We are some of the eighty-million game players that seek enjoyment in the strategic competition know the world over as Poker. Poker is an old, and lawful, avocation that has been unfairly set upon by misguided forces. Forces that either, cannot or will not, appreciate the skills and nuances of the game. We are a gathering voice for the professional game players that can no longer abide the abuse and ignorance that is impinging on our freedoms and liberties. We intend to organize our players into an effective voice for those members that have chosen our sport as an avocation or profession.

The not for profit International Card and Game Players Association (ICGPA) is celebrating the opening of our new clubhouse at Poker Nation in NW Phoenix. We are hosting a benefit tournament for Habitat for Humanity. The ICGPA membership has set a goal; to build one house a year for the homeless, with a weekly tournament series. We estimate that we can generate $35,000.00 annually for Habitat for Humanity per every four tables we can fill with our weekly event. The most popular card game in the world, and its professional players, can do as much for humanity as any other sport or game---and with your help we will.

The ICGPA (Formerly the Arizona Card League) has been recognized as a legal entity doing business in Arizona for over three years. We hold business operating licenses from three city governments. We have become the voice of the professional and semi-professional game player in Cochise County. Our membership is approaching a thousand. The voice of the Poker Industry has been muted far too long by the threat of criminal sanctions; sanctions that are themselves violations of our rights and freedoms as adults. The newly born ICGPA will not be silent. We will not be ignored. We insist on our right to self regulate and police our own industry. We can provide a safer venue and a more level playing field for our members, than can state authorities.

I know you are aware that the State lacks the resources to provide a safe, secure, or fair environment for our players. However, the immense popularity of the game begs the State to assist the eighty-million players that love our game in organizing their sport. It is inevitable that our industry and the players will control the game of poker. For the pleasure and safety of the players and fans their government should assist them; not impede them in this endeavor. The International game of Poker (that benign adult amusement) is one of the world’s greatest strategic competitions; it must be allowed to break free of the unnecessary, and inappropriate, prohibitions under which it has been suffering. Including a forced refuge in the gambling industry, where we have suffered even more abuses. 

Modern technology has soared passed the misguided forces that have mistakenly identified our international game and industry as being a member of the gambling industry; we are not. We are a proud and bona fide member of the worldwide sports and entertainment industry. Our game is the third highest watched sporting event on cable television. Our professional players are recognized around the globe as some of the highest paid professional game players in the world of sports.

We would like to invite you (or your representative) to be our honorary card room manager for the inaugural benefit tournament (the date has not been set). We know your participation in our event will go along way in helping the not for profit ICGPA achieve our goal of providing a residual income stream to the Habitat for Humanity.

It will also help us in meeting our goal to free our beloved game from a forced sanctuary in the gambling industry. Our game has been soiled by the casino environment. We ask that you help us break free of the gambling industry and lend your considerable influence assisting us with providing safer, fairer, and more secure arenas for our lawful game, its players and our bona fide industry.

Sincerely yours and best regards,

Harold Lee---Founder

International Card and Game Players Association---“A voice for the pros"

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 International Card & Game Players Association “a voice for the pros”

To: Mr. Paul Bullis

      Director Arizona State Department of Gaming

      Phoenix, AZ                                       

Dear Mr. Bullis

We would like to open a dialog with you folks, in hopes that we might persuade you to help our members take control and regulate their chosen avocation. Their avocation is the global strategic competition known universally as Poker. Poker is one of the most beloved games and amusements in the world. The D.C. based Poker Player Alliance maintains that there are eighty-million players in the United States alone. We teach this game to our children. Playing the game for money does not make the game any less benign than playing the game for matchsticks or candy; as we did as children.  

Members of the International Card & Game Players Association (formerly the Arizona Card League) have reached their limit, regarding the inappropriate and abusive treatment of our internationally recognized sport and its’ players. We have had to endure an unfair and unwanted association with casinos. And we have been forced to practice our trade and skills in extremely unsafe environs.  In fact, the current public policy endangers our players, by forcing those that want to avoid the casinos, to seek out competition in unregulated, insalubrious, often remote venues. This is made even more dangerous by the fact that large amounts of currency are present in these unsavory settings. Scoundrels and cheats are very comfortable with these conditions; since they can ply their nefarious skills with little chance of being observed or caught.  

The game of poker is legal conduct in Arizona, and a professional poker player is now recognized globally as a bona fide member of the sports and entertainment industry; they are not members of the gambling industry. The game was forced to seek refuge within that industry from misguided government policies. Our association with the gambling industry, has not only impinged on the integrity of the game, it has abused our players with excessive criminal rakes and draws from the betting pool.  

Unfortunately, the casinos have treated our players and industry, in the same manner that they treat all guest; we are just another sucker to shear and fleece. The casino industry has perverted our beloved game into one of their gambling devices. This forced association with the casino industry, has been very costly to our industry and to our sport. They have soiled the image of our game by turning it into one of their chance gambling scams.  

For example; determining the “Pot Odds” is one of the nuances of the game of poker and can be a critical element in a professional match. The Casino practice of raking from the betting pool affects pot odds; thus the practice fundamentally harms the integrity of the game. We agree with Director Husk in his remarks to the National Gambling Impact Study Commission July 30^th 1998, informing the Commission that our Attorney General “… had concluded that the manner by which poker was being played at Arizona’s Indian casinos violated state law and therefore, constitute class III gaming.”  

Of course it was against the law! Raking from the wagering pool, in order to create a Super Jack Pot for your own interest, is not only unnecessary, it constitutes theft and conversion What would really be criminal is to continue an illegitimate public policy of prohibiting our industry from organizing itself and competing with these, monopolistic, criminal enterprises that are themselves a violation of law and equity. We intend to abandon those casinos that refuse to stop the theft and conversion of our betting pools. We will provide our members with safe, fair venues sanctioned by their own organization.  

Oddly, the social gambling exemption that has created so much confusion for Arizona enforcement authorities is actually a red herring. Poker is a bona fide business whose transactions are subject to the law of contracts (ARS Title 47). In fact, the game is played under the provisions of one of the most revered contracts ever drafted; the internationally recognized Book of Hoyle. And therefore the professional game of poker enjoys the same exemption offered to other businesses and industries; whose skills and practices rely on calculating future events. After all, professional poker players utilize the same skills and practices in their chosen profession, as all the other businesses attempting to determine the probability of future events. Warren Buffet has become one of the wealthiest men in the world buying and selling money; he utilizes the same skills we employ in our strategic competition.  

While poker does not actually need the social gambling exemption, it does provide more proof that the State legislatures seriously evaluated the game of poker, and acknowledge it as unique and specifically exempted it from criminal conduct. At that point it is up to the industry to regulate and self police itself for the benefit of the players and their fans. Once the legislature exempts the conduct, they forfeit the right to police or regulate a legally recognized game. Regardless of any moralistic inclination of the legislature, responsibility for the game belongs to the players.  

The State of Arizona has admitted to the press that they lack the resources to effectively regulate and police our industry. We however, do have the resources within the industry to self regulate and police ourselves. We can afford to provide much fairer and safer environments than currently exist. We must have our own arenas where we can deal with the various tribulations that accompany all adult amusements. We want to place cameras on all our professional games; something the state cannot lawfully or practically do.      

With the development of new technologies the game of poker has grown into an international phenomenon. Poker is the third highest viewed sport on television. It is a global business and is far removed from chance gambling. The thousands of books published on mastering the skills and nuances of this strategic contest give stark evidence that it is a bona fide business and profession. It is also quite old and has a much storied history with the State of Arizona. A history we are intent on preserving. 

We began these processes, as I am sure you are aware, in May of 2005 with formal written notice to County and State Prosecutors informing them of our intention to organize our industry. Further, that we intended to see the illegal and misguided prohibitions against our bona fide global sport and business removed. Through a determined campaign of education, and direct contact with local governments; the ICGPA has obtained tacit approval of county and state prosecutors. We have also convinced three city governments to issue us business licenses. Those businesses have operated for over two years without a complaint or police report (excepting the ones your people prepared). Two of those cities have accepted proceeds from our benefit tournaments and thanked us for our civic responsibility.  

These unfortunate public policy errors are wasting the power and force available to communities from the most popular card game in the world. We know that once we are free of the inappropriate abuses we have suffered during our long stay in the gambling industry, we can be fully accepted as good and productive members of our community. We are developing events such as our newly forming Poker Power for the Homeless weekly tournament series. We have a plan to build houses for the homeless. By employing the power and synergy of our organized industry we can provide a residual income stream for Habitat for Humanity. We are coming out of the garage into our own sanctioned venues and the most popular card game in the world will go “heads up” with the homeless problem.  

Poker is not gambling and it is not a part of the gambling industry. We need and require our own rooms and venues. Poker, along with many other strategic adult amusements, is a proud member of the sports and entertainment industry. Our credentials are bona fide by being the third highest viewed sports competition on cable television worldwide. Our professionals are recognized as some of the highest paid performers in the sports and entertainment industry.

The players can certainly provide for a safer and more secure environment for themselves than any State enforcement agency. And it is certain that the gambling industry which is trying to claim our game will not change unless they are forced to by competition. The ICGPA intends to see our game and industry become free of the abuse of both the State and the gamblers---by providing for contest in our own sanctioned venues. We would like you to join us in crafting legislation that will provide fair, safe, and secure environments for our players and their tens of millions of fans. Thank you for your consideration.  

Respectively yours, 

Harold Lee---Founder

International Card & Game Players Association “a voice for the pros” 

 

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Why the ACL/ACR System Is Legal in Arizona 

Sovereignty in this country operates under a theory that we are all equal under the law.  Therefore, any individual interpretation of a statue (or its intent) is no more or less valid under law than any other person’s opinion; even a lawyer or a prosecutors opinion (while perhaps better informed) is simply that…an opinion. It carries no more force under law than yours. However, all citizens have a right to challenge the legality (or interpretation) of a statue or ordinance. And they should, if they are convinced that the law is being misused; as it clearly has been with the game of Poker and the Poker Industry. We have operated a licensed card room in Arizona for nearly three years based on our opinion of Arizona statutory law and the Bill of Rights. 

Many people have suggested that what the ACL has been doing for the last several years is civil disobedience. We totally disagree. Any violations of law or civil disobedience that have occurred; should be credited to those forces attempting to assume jurisdiction, over conduct that is statutorily protected, under a number of different laws, rights, and liberties. From its inception, the Arizona Card League has maintained that our actions are clearly legal, and protected by statutory law. In fact, we served all statutory authorities with written notice of our opinion as a courtesy, before we played any cash games. It now appears that the alleged state level prohibition on the lawful game of Poker was not only a misguided, high-minded affair---it was erroneous.

The game of Poker has never been illegal in Arizona. For far too many years the game of Poker has suffered an unwarranted image as mere chance gambling, draped in a quasi-criminal swathe. Poker has also been unfairly burdened by a forced association with casinos. We have been deprived of the right to self police our industry, or even have public arenas for our lawful game. Those of us that have a life long love of the game, and appreciate the high level of skill that is required to play high stakes poker, have become weary of the associations. Now, through the efforts of the Arizona Card League, and its relentless encounter to free the Industry in Arizona of those unfair and false impressions, we have uncovered this indisputable fact:

The ACL/ACR System is a legal, bono fide business, exempted from the gambling statues in Arizona by definition. Further, it is not now, nor has it ever been illegal for adults to play cash poker in Arizona. .

For years the public has been lead to mistakenly view Poker as a casino game. Even though Professional poker is never played in a casino; it is played in a Poker Room. Proximity to a casino does not mean that gambling is what is occurring in the room. A poker room serves the same function to the casino’s operations as a showroom, or bedroom; they are simply guest services that generate revenue.

Casino operations however, involve the house gambling against those guests---and they look on those operations in a very different light; as does the law. But, poker is not a casino game; unless played on a slot machine. Then it is a game played against the house; thus known as gambling or legal gaming. Professional Poker, on the other hand, is not now (and never has been) illegal gambling under Arizona law.

Specifically, there is no prohibition on playing poker for money under Arizona law. In fact, the game of poker (cash or otherwise) is not mentioned in the State’s criminal code. In addition, Poker is not chance gambling, but a strategic competitive contest between skilled individuals; whose actions are protected under State and Federal laws. Further, playing Poker for remuneration is clearly exempted from criminal prosecution under the “social gambling” exclusion in Arizona’s criminal code. Additionally, Poker is a bona fide business, entitled to exemption by definition under that same law:

ARS Title 13-3303 (Definitions) 4. "Gambling" or "gamble" means one act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event but does not include bona fide business transactions which are valid under the law of contracts including contracts for the purchase or sale at a future date of securities or commodities, contracts of indemnity or guarantee and life, health or accident insurance. (Authors emphasis added)

Here is where we were thrown off track; since the definition of gambling refers to another law (the law of contracts) that law must be referenced before concluding that specific conduct is prohibited by the intended law. Enforcement authorities have clearly failed to do this when alleging that poker is covered under the gambling statue. It is not!

However, what is obvious is that every skilled strategic contest must necessarily carry a contract of understanding: Rules. And, in the case of poker; and most other professional card games, that contract is actually a written contract, which is clearly valid under the law of contracts and the statue of frauds as well.

In fact, a professional poker match is played utilizing the best known written contract ever crafted. This contract is accepted without hesitation; unquestionably, worldwide by all professional card players, regardless of nationality. It is acknowledge in courts as expert evidence, and as a valid contract for players universally. This written contract can be identified by one word: Hoyle. That’s right, the Book of Hoyle (rules of the game)Any reading of the following statue requires that the Book of Hoyle be included under the law of contracts. And therefore, the transactions of a professional card game (poker) are protected by the exclusion in the statutory definition; Poker is a bono fide business; whose transactions are valid under the law of contracts.

ARS Title 47-1103. Construction to promote purposes and policies; applicability of supplemental principles of law

A. This title must be liberally construed and applied to promote its underlying purposes and policies, which are:

1. to simplify, clarify and modernize the law governing commercial transactions;

2. to permit the continued expansion of commercial practices through custom, usage and agreement of the parties; and

3. To make uniform the law among the various jurisdictions.

B. Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppels, fraud, misrepresentation, duress, coercion, mistake, bankruptcy and other validating or invalidating cause supplement its provisions

(The above is actually the Uniform Commercial Code and it was adopted after the social gaming statue) In any event Poker is clearly a bona fide business whose transaction are subject to any reasonable interpretation of  a lawful business.

Are the Professional Poker Industry and its game valid under the law of contracts? The answer of course is; yes. Please notice subsection A. requiring the entire law to be “liberally construed and applied”. The law of contracts as adopted by statue clearly does not exclude the contractual agreements made between adult participants in a professional poker match. In fact, Sub section A. requires that they be included.

In all cases, the law of contracts clearly protects the ancillary businesses associated with these competitive games, from any criminal liability; such as arenas, card rooms, and accessory vendors.

However, such conduct as side betting and raking from the pot could (and should) be considered as illegal conduct under law. The Poker Industry must discourage this conduct in order to help shed the image as a casino type game. There is no need to hide the accessory charges. The ACL/ACR System prohibits any persons other than the dealer, and the winner, from touching chips once they are in the winner pool. No one, nor any outside force, should affect the “Pot Odds” in a professional Poker match.

Harold Lee,

Founder of the Arizona Card League---“The voice of pro card players in Arizona.”

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Who should have responsibility for control and regulation of poker—the Poker industry or the State?

 

To all professional and semi professional card and game players:

 

A highly respected member of the Professional Poker Tour recently suggested that the ACL/ACR System’s theories are interesting, however he continued “…I wouldn’t want to go to jail testing them”. This is precisely the dilemma challenging our business and industry around the World; not enough leaders willing to fight the status quo. Our industry has continued to tolerate illegal prohibitions on our lawful game; thus forcing our sport deeper into the open arms of the gambling industry. Poker doesn’t seem to have leadership willing to risk personal freedom (even for a short time) in order to win freedom for the sport (for all time).

If our industry is to grow and prosper, we must help the local clubs and organizations to grow and prosper as well. The local games are already there; what they require are; security, integrity, and a self-regulating organization to enhance the sport. We must remove control of our game from garages, backrooms, and casinos in order to accomplish this task. Is it reasonable that State governments provide security and integrity for the thousands of professional and semi-professional games going on in every city and town in the country?  Of course not, but a self-regulated industry can and will provide such services. Can the state place a camera on every cash game played within their jurisdiction? Certainly not, but the industry can; and will, the ACL/ACR System requires tables be equipped with video cameras; in their licensed ACR facilities.

The game of Poker can no longer accept being restricted to the few venues available to the gambling industry---it is harmful to the game, and devastating to our efforts to break free of the “casino game” image we have inappropriately acquired.  The national and international organizations, that have assumed responsibility for protecting the game of poker, appear to see no conflict in denying that our sport is gambling---while we clearly remain in the dominion and control of the gambling industry. Again, our industry leaders seem content to stay closeted in the confines of the gaming industry and lack the courage to break free and control their own sport.

 

Fortunately, that kind of courage does exist in Arizona. True defenders of the game of Poker are those original Arizona Card League members that played in the first ACL tournament in Bisbee in June of 2005. They stepped up and took personal risk to defend the game we all love. Each of those players was aware that they were openly challenging, in writing and actions, the State and County enforcement authority over control of our game. They all signed membership applications and agreed to the local rules; we made a clear written record of the event. No doubt their courage was enhanced by the participation of two deputy county attorneys, a former judge, and a city mayor. However, at least one of the players had previously been arrested in a police raid of a poker game. This is what poker needs more than any other resource---an organization of courageous players to demand the right to regulate and police their chosen avocation. The ACL experience suggests; that to free poker from unlawful prohibitions, the industry should seek proof of authority, directly from those claiming the right to police our lawful profession and game. This challenge must be made directly to state, and local prosecuting authorities. After all, it is presumptively settled law, that state and local authority have exclusive jurisdiction over adult gambling and gaming.

 

The ACL is justifiably proud of each and every one of those inaugural members that stood up for the game. We hope their example will encourage others to join with them; and the hundreds more, that have since stepped out of the garage, and into the ACL sanctioned professional arenas and rooms. We are expanding our ACL/ACR System to other jurisdictions. Our intention is to see the poker industry wrest control of our game from the gambling and casino industry. The game of Poker (attempting to avoid consequences of illegal and improper prohibitions against the game) found a refuge inside the gambling industry, but it has been soiled by the experience. We see no sensible way to establish the right of poker to regulate and self-police its own industry; other than developing an industry wide organization and opening sanctioned venues; as the ACL has done in Arizona. Poker must assume responsibility for the integrity of the game, which has suffered with our forced refuge in the casino industry.

 

Due to the fortunate circumstances; of the Internet, and modern photographic technology; Poker has become the most popular card game in the world. The Poker industry and its’ ancillary industries (sports and entertainment) have reaped large rewards from Poker’s immense popularity. It would seem prudent for those industries to reinvest some of the largesse assisting the Poker industry with organizing itself; something that must be done for future healthy growth of the sport.  

 

Those industries should help the poker industry to educate misguided opponents of poker. Lend a hand informing them; that Poker has not only a right, but a duty, and a responsibility, to open industry sanctioned venues and arenas for their international sport. We owe it to the players, the fans, and most of all; we owe it to the great game of Poker. We will seek legislation from State and Federal jurisdictions that protect our members and their right to organize, regulate, and control their international business and industry.

 

Breaking Free of the Gambling Industry:

The International Card and Game Players Association---ICGPA

 

Unfortunately, in much the same way an innocent prisoner becomes institutionalized after years of confinement to a small space; the poker industry finds itself institutionalized by the casino industry and their extremely limited venues. Our world renowned players grow fat and content playing in a few jurisdictions; and those unfortunately, are all controlled by the gambling industry. No matter that this constant familiarity with gambling is having negative consequences for the game of poker. Our industry's cozy relationship with the gambling industry is limiting the growth of the game and adversely affecting our image.

 

And, since no organizations are making any moves to create a clear and separate distinction from the gambling industry---we are going to assume that responsibility for our ACL membership. The only organization that we can find, having measurable success in the battle to free the game, is the ACL/ACR System. To accomplish this new and greater challenge, the ACL will be reorganized into a new and more encompassing organization: The International Card and Game Players Association---ICGPA.  

 

The ICGPA will continue along the path of the ACL in advising local authorities of our organization and its mission. Our strategy is to force our detractors to cease attempting to interfere with our lawfully protected, bona fide business, and industry---we are very confident that we can establish our industry as a bona fide sport (and therefore a bona fide business) and not gambling by definition. On the other hand we don’t feel the forces opposing us can be comfortable trying to establish any reason (compelling or otherwise) for attempting to control the benign adult behavior of playing cash poker.

 

The ICGPA membership stands upon the principle that our members have a lawful and inherent right to regulate and control our bona fide industry including; but not limited to, self policing, ethics, and standards of conduct. Further, that Poker and many other games are, or should be, protected from unnecessary and intrusive government prohibitions. It is our intention to notice all jurisdictions that any hindrance to our bona fide business; will be considered (by the ICGPA) as wrongful interference with lawful commerce.

 

We maintain that the game of poker is clearly a bono fide business; it is the third most watched sporting event on television, and with eighty million U.S. players (see PPA website) the game of Poker is not only a bona fide business; it is big, and global! The International game of Poker is clearly a major component within the sports and entertainment industry worldwide.

 

Our game and sport has been too long in exile within the casino industry, and it is now far past our check-out time. The game of Poker must move away from casinos and into our own industry sanctioned rooms and arenas. Our industry's cozy relationship with the gambling industry is limiting the growth of the game and adversely affecting our image. Just as the ACL has done in Arizona; the ICGPA will introduce or back similar systems throughout the country. We will secure our rights in Arizona; then move to another battle field and fight for the survival and continued growth of local games.

 

We believe that survival of the local clubs will allow Poker, and its ancillary industries, to remain legal, grow healthy, and continue to expand. The local leagues and clubs in sanctioned venues and clubhouses will become our farm system, which all pro sports require for a steady supply of professional level players. But, the poker industry's claim of a desire to shed the gambling image, and be acknowledged as a true strategic world sport; rings a little hallow when the industry remains willingly imbedded in the gambling industry. If our industry really desires to be free of the inappropriate misnomer of chance gambling---then we must create a genuine separation from the gambling industry. How?

 

By acknowledging that the poker industry is merely a guest of the gambling industry; and we now need to check out and reorganize our industry. When the industry has found the strength and character to venture out into industry sanctioned card rooms and arenas; we will demonstrate that the excessive rakes and draws from the betting pool are not necessary. Competition alone will force a halt to the practice of raking the pot by the house.

 

Being so long a guest of the gambling industry; their industry has turned our game of strategic competitions into one of their chance gambling games. They managed this by their practice of drawing money from one group of players, to give to another group of players, for future super jackpots or other future events. This is not only unseemly for a game trying to shed the gambling image---it is unethical, illegal, and felonious conduct in Arizona (and many other states as well).

 

However, one might wonder; do the casinos or online gaming industry really want the growth of small local rooms competing with them for players? It seems unlikely that they relish any loss of control or influence over our game; especially if the ACL experience is any indicator; it is finding it difficult to win acknowledgment from the gaming industry, let alone support. After all, the casino industry can only view a poker room the way they would view a bedroom or showroom; as customer support services, a way to shill in the gamblers---they are not considered casino revenues. 

 

Can the ICGPA win the poker industry’s right to organize?

 

Due to the efforts of the ACL/ACR System; the industry now has sanctioned, locally licensed card rooms in Arizona (with two more scheduled to open in Phoenix shortly). The ACL has remained unmolested by state, county, and city prosecutors for three years next month. Naturally, we assume the reason is they accept our interpretation of the appropriate statues as sufficient to bar any prosecutorial action; civil or criminal (we are not surprised by this; we have always maintained that our conduct and actions are legal).

 

In fact, the ACL experience in its dealings with all three prosecutorial branches of government has been a total non issue. After receiving written notification of our intentions to organize the game of poker; the State and County both provided their tacit approval (they remained silent). While the Cities all issued business operating licenses in which their legal departments had to approve. But why wouldn’t the state authorities grant us a license? Wouldn’t they be relieved to be free of any responsibility for policing the most popular card game in the world? Every indication is that the authorities are ready to recognize the industry’s right to organize and regulate its lawful business. The question now becomes; is the poker industry and its membership ready to come out of the garages and casinos and into their own dominion? The ICGPA believes we are---please join with us today. 

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Come Home To Tombstone

 

Saturday February 16, 2008

From: The Arizona Card League                                      

To: The International Poker Industry and fellow PPA Members

 

The Photo above is of  Old town Tombstone today looking east on world famous Allen Street. The last building on the right is the Oriental Saloon, a hang out of the Earp brothers. It is vacant and would make a wonderful Card Player Hall of Fame,     

I have asked John Pappas from the PPA to solicit help from the Professional Poker Industry to support our battle for legal Poker in Arizona. It is obvious, if professional poker and the Poker industry intend to continue prospering; Poker must win the battle for recognition, as the bona fide business it has become. We have made great strides in Arizona and the ACL is ready to declare victory. We need your help in preparing our victory party for legal poker in Arizona.  

I would like to invite you to assist the Arizona Card League in helping reclaim for our industry (and beloved) game its true heritage. The ACL has been granted permission from the City of Tombstone; to bring both, High-stakes Poker, and Professional Poker back to its ancestral home. Our industry needs to establish its historical right to our true heritage; in order to help establish the pride, dignity, and credibility of Poker as an international competition. This can also do a great deal in helping to establish self-pride in the global industry of Poker. Our successful effort to save Tombstone’s heritage could help remove the quasi-criminal image; with which we have been unfairly burdened, for far too long.  

The ACL is struggling to bring national attention to the dilemma facing the international Poker Industry---a clearly bona fide business industry. We must challenge misguided enforcement authorities that continue to deny our industry public venues and arenas. These misguided policies force our players into garages and backrooms; thus contaminating the industry, making it easier for cheats and scoundrels to infest our games.  

However, we at the ACL are ready to claim a victory for Professional Poker in Arizona. We just need some professional players to step up and join Doc Holiday, Bat Masterson, Wyatt Earp, and thousand of others; that have enjoyed playing Poker in Tombstone, Arizona. Tombstone is home to high stakes poker; having hosted a $1000 stakes game in the 1880’s ($23,000 in 2007 dollars) and participants had to traverse hostile Indian Territory to enter the game. A game the Bird Cage Theater and Saloon claims lasted 24/7 for over eight years. Doc Holiday is credited with having pronounced that “…Poker is an honest trade.” We agree. 

Tombstone easily qualifies as the true home of high-stakes Poker. Former Tombstone resident and famed Professional Poker Player, Doc Holiday anointed the Poker Profession with his famous quote: “Poker is an honest trade.” ACL intends to see Tombstone, Cochise County, and the State of Arizona itself, become a major player in the development and organization of the worldwide Poker Industry. It is our goal to induct Doc into our future Card Player Hall of Fame,

Poker is a worldwide multi-billion dollar industry with its early history and creation clearly rooted in Cochise County. I have been advised that Professional Poker only awaits an invitation from the authorities, and the assurance that they will not be harassed and arrested; when coming home to their ancestral roots to play their game. Well, we clearly have achieved those levels of assurance:  

Legal aspects: There is no prohibition on the playing of poker for money under Arizona law. Further, Poker is clearly exempted from criminal prosecution under “social gambling exclusions” in Arizona’s criminal code. Additionally, Poker is a bona fide business, entitled to exemption under state law. The Arizona Card League’s clubhouse, (aka) Judge Lee’s Arizona Card Room & Social Club, has used these defenses to legally operate in Cochise County for nearly three years. We have received licenses to operate our business in three cities in the county. We have withstood two undercover criminal investigations and a visit from the Chief of Enforcement for the Arizona Department of Gaming (an agency we believe lacks jurisdiction in our county). To this point we have not received any opposition from the authorities. Not even a civil order to cease and desist. Our membership includes a mayor and numerous federal, state, and county enforcement officers.  

We have done benefit tournaments in every city where we have played games. We know the Professional Poker industry can do much more to assist the community in finding necessary funds for healthy community development.  

From the moment I sat in the office of the Cochise County Attorney and as a courtesy and heads up informed him of our plans---through the formal address to the Tombstone common council and mayor---right up till this moment; I assure everyone our system is legal and so is playing poker in Tombstone, Arizona.

We intend to honor all professional card players from Bridge to Poker in the charter for our Tombstone Card Player Hall of Fame. We will be conducting numerous events in support of our efforts to bring back to this world renowned city it true heritage as an adult entertainment and amusement center again. I am eager to discuss the tremendous financial rewards available to our early backers.  

Best regards, 

Harold Lee---Founder the Arizona Card League

Freedom and liberty, in pursuit of happiness---play cash poker!

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February 14^th 2008 Tombstone, Arizona

A Valentine Day Letter to Arizona’s Local Community Leadership

Today is not simply Valentines Day; it is Statehood Day in Arizona as well. We are five years short of the century mark. Seemingly, this is an old and mature enough age to allow our local adult leadership, to control local adult amusements. The Cities of Sierra Vista, Bisbee, and Tombstone, having issued business operating licenses to the Arizona Card Room & Social Club; have affirmed the right of their adult citizens to play competitive games, within their own community. Thereby helping to reclaim a responsibility, that ought to be inherent in any city charter: To provide for the licensing and regulating of all adult games and amusements, within their own city limits, whether money changes hands or not. This was and is a clear responsibility of the mayor and common council of Tombstone under their 1881 charter.

1880 Tombstone was founded by miners and gamblers, and any prohibition on Poker, and other adult amusements, would have been out of the question. However, their adoption of Arizona’s first city charter; clearly placed the responsibility for regulating of local games, and adult amusements, with the city government. And it remains their today, and it clearly should; whether or where to permit a public arena for public events, and other competitive sports, must reasonably and legally remain a local decision. The state level prohibition on Poker; is a misguided, high-minded statue, that unnecessarily violates individual liberties, and common sense. It also usurps power and responsibility from the elected government, closest to the people, and for no legal or compelling reason.

It remains a responsibility of the city of Tombstone under that same charter today. And, the Arizona Card League and its 400 plus members, salute them for their courage, and leadership displayed in permitting the ACL to conduct Poker events in the City of Tombstone---the ancestral home of both, high-stakes Poker and “Professional Poker. There is an enormous amount of information concerning the Arizona Card League’s efforts to bring the lawful game of Poker out of the garage and into public arenas at arizonacardleague.com. We encourage you to visit the site, as we are very proud of our work. And we are grateful for whatever consideration you can give our efforts.

But with this missive we would like to present a few facts, of which we are particularly proud, that will demonstrate our value to the community. In our three years of operating the Arizona Card Room and Social Club, we have never had a single complaint. No police reports, no BBB complaints, nothing but adults from the community playing games and enjoying themselves. We have held city business operating licenses in two cities in Cochise County. We have conducted a number of benefit tournaments for the community, including a benefit for the Sierra Vista Parks and Leisure Department, which acknowledged our efforts, with a kind thank you note.

A decades old passé law, designed to prohibit the growth of professional card and game rooms, has given birth to its’ creators worst nightmare; thousands of small semi-pro, unregulated card rooms, spread throughout our communities and neighborhoods. Most of these are friendly garage games that will continue unabated, regardless of any statutory prohibitions. Unfortunately, there are many however, that are not so friendly. There are many hundreds of small back room operations that are nefarious; designed to fleece players and corrupt our industry. 

The State lacks the resources and ability to deal with this massive problem, created by not allowing public arenas and game rooms, for our hugely popular game. The Arizona Card League supports the theory; that regulation of adult games and amusements are local issues, and the prerogative of local governments. Local governments have an inherent responsibility to protect this conduct from State level prohibitions, even if they do not personally condone the conduct. Local government is the only lawful body politic with the sensibilities to know local sentiments towards particular behavior. The local government’s responsibility to regulate conduct through zoning and ordinance law is effectively eliminated, by surrendering this authority to the State legislature uncontested.

We also believe that the poker industry is most effectively controlled and regulated from within. We ask to be allowed to open professional rooms, where we can shine, not only a spotlight on the sport, but cameras as well. A card room with a camera on the table can do a better job of catching cheats and scoundrels than a dozen state undercover officers. The popularity of the game dictates that government efforts to prohibit the game, are, and will continue to be, ineffective. We urge, as an effective alternative, that the industry, in conjunction with local authorities, assist this universally popular game and industry in its healthy development.

The phenomenal growth of the game of Poker is worldwide and shows no sign of diminishing. Rather, it continues to expand, especially with the Internet offering free training and competition worldwide. In the last decade, Poker has become recognized around the world as a bona fide business. This recognition is made quite notable by the mass media industry’s proliferation of the game. We believe poker, played in a social club such as ours, is legal in Arizona. We also believe a professional poker game is valid under the law of contracts, and violations could be subject to the statue of frauds. We believe that our Club is clearly a bona fide business controlled by local regulations and by our internal policing and policies.

Poker is an old, and honorable, profession. The World Poker Tour and the World Series of Poker tours are followed by tens of millions of fans worldwide, and can be viewed on all major media outlets. Any prohibition on the game of Poker is based on bubbles and nonsense; it is bad public policy, and must be challenged at every level and opportunity, by members of the industry and its fans. Poker is a game; a strategic contest between skilled players.

Television and the Internet have made Poker the world’s most popular card game. It is not going away and will only grow larger. Reasonable public policy should be to assist the industry in maintaining a level playing field for the game. The Arizona Card Room does not, in any way, resemble a casino. It is an arena and social club for players to play lawful adult games at a more professional level and with better equipment and security; than the traditional garage card game can provide. While Poker is an old profession, it has become a new and developing industry; which is still in its infancy.

We hope your city will assist the Professional Poker Industry in its efforts to remove the inappropriate and unfair association of poker with games of chance and gambling. We have borne the burden of an unfair image as quasi-criminal conduct for far too long. Courage and leadership can help lead Arizona and the Nation into better public policy.

Thank you in advance for your leadership and valuable time. We look forward to meeting with you and sharing more about our plans, and to answer any questions you may have on how we can best serve your community. We envision a long and healthy association with your City.

Happy Valentines Day!  Harold Lee---Founder of the Arizona Card League---Freedom and liberty in the pursuit of happiness---play poker!

Please note: The Poker industry, and the ancillary businesses surrounding it, are of the opinion that we clearly qualify for exclusion within the definition of gambling in ARS Title 13-3303 (Definitions)

4. "Gambling" or "gamble" means one act of risking or giving something of value for the opportunity to obtain a benefit from a game or contest of chance or skill or a future contingent event but does not include bona fide business transactions which are valid under the law of contracts including contracts for the purchase or sale at a future date of securities or commodities, contracts of indemnity or guarantee and life, health or accident insurance.

Professional Poker transactions are certainly valid under the law of contracts, and violations could be subject to the statue of frauds. Thus, Professional Poker and its ancillary industries must be excluded form the definition of gambling; within the State’s criminal code. In fact, the game of Poker is not mentioned in the criminal code, and carries no prohibition under Arizona Law.