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Spokane, Washington  Est. May 19, 1883

Eye On Boise

Judge orders shutdown of CdA Tribe’s poker tournaments at casino

U.S. District Judge Lynn Winmill issued an injunction today ordering a halt to “Texas Hold ‘Em” poker tournaments at the Coeur d’Alene Casino at Worley, saying the tourneys violate Idaho’s ban on poker; you can read my full story here at spokesman.com. The tribe argued that its tournaments are a game of skill, not chance, and that they don’t fit under the ban. In June, Winmill rejected the state’s bid for an injunction, instead calling for the state and tribe to go to arbitration over the issue, as provided for in their state-tribal gaming compact.

However, the judge wrote in his ruling today, “The Tribe changed its mind and decided it would prefer to litigate.” So Winmill considered the pending motions in the case – the tribe’s motion to dismiss the state’s lawsuit, and the state’s motion for an injunction shutting down the poker games. He rejected the tribe’s motion and granted the state’s.

“The Tribe believes it has the right to offer the poker tournaments and apparently will continue to do so absent an injunction,” Winmill wrote. “These poker tournaments violate Idaho gambling law. The upshot is that unless an injunction issues, the State will be left without any effective remedy.”

The tribe started offering the tournaments in May, prompting the state to file the lawsuit. The judge wrote that the lawsuit can go forward and the injunction will remain in place “until such time as this matter is heard and decided on the merits.” You can read the judge’s 24-page decision here. Winmill found that the state "will almost certainly succeed on the merits of its claims," and held that chance is a key part of poker.

Gov. Butch Otter welcomed the ruling. “I appreciate the initial determination that the Coeur d’Alenes’ decision to conduct Texas Hold ’em games violates state law and the Idaho Constitution,” Otter said in a statement. “The Legislature and the people of Idaho have made it clear what kind of gambling they will accept. That does not include poker. And no matter how much the Tribe insists otherwise, Texas Hold ’em is poker.”



Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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