Firm sues over pokers legality

A company that organizes no-stakes poker tournaments is asking a court to determine whether the games are legal. At stake: your neighborhood bar's poker game, and possibly its liquor license.

The company, Charlotte-based 5th Street Entertainment LLC, has sued five law enforcement agencies that say the games are illegal, even though players don't win or bet money.

In the suit, the company said the agencies have cost them business by saying the games are illegal, and they have been forced to halt awarding prizes.

The suit says the Guilford County District Attorney's office broke up a game the company organized at a restaurant. Mecklenburg County Alcoholic Beverage Control officials said places hosting the tournaments "would be cited for alcohol violations and could lose their ABC licenses," according to the suit.

Both agencies have said they acted after receiving an advisory opinion from the state attorney general in February. The opinion said such poker games were probably illegal.

5th Street Entertainment's attorney, William Bunting, said the state's gambling statute "requires that something of value be bet in order to be considered gambling. ... This is merely a game people get together and play."

The company filed the suit last month against agencies around the state, including the Mecklenburg County ABC enforcement chief, the Guilford County district attorney and the state attorney general.

In response, the attorney general's office filed a motion this month asking the judge to dismiss the case.

The motion says the case should be thrown out at least partly because previous cases have established that poker is illegal in North Carolina.

Calvin McDougal, chief executive of the Mecklenburg ABC, reported the suit to the ABC board this week. He said the agency will respond, but plans to let the attorney general take the lead.

State records show the company filed articles of organization on Feb. 5.

Chris Sheridan, general manager of The Graduate in uptown, said the restaurant runs poker games two nights a week, but does not offer prizes. No one has told him it is illegal, he said.

The Law

In an advisory opinion on poker tournaments written Feb. 22, the state attorney general's office referenced the following state law:

? Gambling.

... [A]ny person or organization that operates any game of chance or any person who plays at or bets on any game of chance at which any money, property or other thing of value is bet, whether the same be in stake or not, shall be guilty of a Class 2 misdemeanor.

By CARRIE LEVINE

News Added: 21 July, 2005

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