Anybody else heard of this in their state? As long
as poker runs have been around, who was the dang party pooper to complain about
them? I personally avoid poker runs that include stops at alcohol places, but
there are plenty enough others that are raising money for good causes and are a
lot of fun, whether you win money or not!!
Charity 'poker runs' will have to fold Attorney general rules motorcycle
clubs' events are illegal gambling By R.G. RATCLIFFE
Copyright 2005 Houston
Chronicle Austin Bureau
AUSTIN - Motorcycle clubs that stage "poker runs" for charity will find 2006
less bountiful because Attorney General Greg Abbott ruled Tuesday that such
fundraisers amount to illegal gambling under Texas law.
Poker runs typically
have a participant paying a registration fee or have the motorcycle rider
purchase cards or hands at various rally points. At the end of the run, a cash
prize is usually awarded for the best hand, the second-best hand and the worst
hand.
Abbott ruled that a poker run with cash prizes would amount to a
lottery under state law. He said an organization that kept part of the proceeds
for charity would violate the state's prohibition on gambling.
"Even if the
contribution goes to a charitable cause and the nonprofit organization will pay
prizes from other money, a participant pays money for the chance to win a
prize," Abbott said. "Thus we conclude ... the nonprofit organization would
become a custodian of a bet in violation (of the state Penal Code)."
The
ruling will broadly affect motorcycle organizations across Texas. At least seven
have posted poker runs on the Internet through March. Charitable poker runs in
the past year have been hosted by motorcycle clubs as well as police and fire
departments around the state.
The poker run that prompted Abbott's opinion
was organized by the Blue Knights Texas XXXI chapter to raise money for
Galveston County Deputy Sheriff Michel Roy, who was injured in April when his
squad car collided with a drunken driver's vehicle.
The Blue Knights is a
motorcycle club consisting of active and retired police officers.
The club's
advertised run said riders could buy hands for $10 each with no limit on the
number of hands that could be purchased. At the end of the run, prizes would
consist of $700 for the best hand, $200 for the second-best hand and $100 for
the worst hand.
Event drew complaint Galveston County Criminal District
Attorney Kurt Sistrunk said he received a citizen complaint on the poker run the
day before it occurred. He said he called Blue Knights officers and asked them
to call the event off.
"There was no getting around it, in my estimation, they would be violating
the law if they pursued that event," Sistrunk said.
Blue Knights chapter
President D.J. Alvarez said after that call, the club continued with the poker
run, but canceled the cash prizes.
Alvarez said only three or four riders
backed out of the Blue Knights run that weekend, but he said Abbott's ruling
will have a serious impact on charitable poker runs across Texas.
"You have
poker runs every weekend," said Alvarez, a lieutenant in the Galveston Police
Department. "They're all for cancer organizations, charitable
organizations."
He said they are especially useful in raising money for
injured police or firefighters.
"Where in a matter of three hours can you
raise $5,000?" Alvarez said.
'We can get around it'
While Abbott's ruling
specifically addressed the Blue Knights' poker run, Sistrunk said he reads it to
outlaw all such fund-raising activities by nonprofit groups.
"They're going
to have to come up with a different way of collecting money," Sistrunk
said.
One of the biggest poker runs in the Houston area is sponsored by
Competition Motorcycles of Pearland.
Owner Jesse McCulley said his run is
meant to promote motorcycling, with all the money being paid out in prizes. He
said he understands that makes it legal because no one benefits but the riders
who participate.
McCulley said Abbott's ruling will negatively affect charity
events if there are no cash prizes for poker runs.
"Some people are going to
come out of the kindness of their heart," he said. "But let's face it, if you
cut out that little piece of cheese at the end of the trail, participation is
going to decline."
Sputnik, chairman of the Texas Motorcycle Rights
Association, who does not use a last name, said he does not believe Abbott's
ruling marks the end of poker runs.
"We can get around it," Sputnik said. "We
can give trophies, and we can give cash money on the
side."
