Charges Dismissed Against Mount Pleasant Poker Players

A controversial poker game that resulted in charges against five men in Mount Pleasant has been dismissed.

Greenville attorney Jeff Phillips tells News Channel 7 that a ruling Thursday by Judge R. Markley Dennis Jr., determined that the Texas Hold'em game played by the five men saying it was a game of skill, not chance, and is not illegal gaming. Dennis ruled as a result that all charges be dismissed against the five men.

"We are extremely pleased with the judge's ruling," said Phillips. "It os a correct application of the law to the facts of this case. There is no question that poker is predominantly a game of skill, and as such should not be considered to be gambling under the "dominant factor" test applied by the judge."

On April 12, 2006, 20 people gathered at the home of one of the defendants to play Texas Hold'em. The buy-in for players, according to a court document, was between $5-20 and pots averaged between $5-10. Approximately one hour into the game, police officers with the Mount Pleasant Police Department entered the home and arrested the players and charged them with gaming.

"It is important to note that while we have successfully argued that poker - specifically Texas Hold'em - is a game that is predominantly skill, this does not open the door to any other game found in a casino, since we would agree that every other game found in a casino are unquestionably a game of chance," Phillips said. "“Although this opinion is a Circuit Court opinion, and thus has no binding authority over other courts in the state, this is a huge victory for the tens of thousands of South Carolina citizens who enjoy the great game of poker. It is our hope that other judges in other counties will see the tremendous logic of this opinion and find it to be persuasive in the cases that come before their courts. Should the Attorney General decide to appeal this decision, the Court of Appeals or Supreme Court will then have the opportunity to make this opinion the law of our state.”

The South Carolina legislature will likely consider a bill proposed by Senator Glenn McConnell that would make some sense of gambling activities throughout the state.

“With or without an appeal, I hope the legislature takes a close look at this opinion and takes action to pass the bill introduced by Senators McConnell and others on the judiciary committee, which attempts to make sense of our gambling laws and outlines sensible requirements for charities to raise money in this tough economy, said Phillips.