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North Carolina Tribe Fights Poker Law

NORTH CAROLINA – As reported by the Asheville Citizen Times: "…Sports bars that normally sit empty on weeknights in Raleigh are now teeming with hundreds of people who play poker. Though no money is exchanged, the stakes are still high. One's skills and street credibility ride on the next hand.

"…The Eastern Band of Cherokee Indians is banking on the poker craze to draw more visitors to its Harrah's Cherokee Casino and Hotel.

"But it will have to contend with strict federal gaming rules and strong opposition to gaming in North Carolina.

"…But state and federal laws regulating gambling conflict with each other. North Carolina allows poker, including in its video form, as long as there are no cash payoffs.

"Cherokee casino officials said they would not take a cut of the poker profits.

"…This is a major distinction in federal gambling laws. Poker is considered a nonbanked game, which means participants play against themselves for winnings. Blackjack, which is illegal in North Carolina, is a banked game. It means the house, in this case the casino, would be taking part in the wins and losses.

"Banked games require state and federal approval. The legislature must pass a law to permit it in the state. The governor could also expand the Cherokee's contract with the state to allow the gaming. Once the state approves it, the U.S. Secretary of Interior must give the nod and the chairman of the National Indian Gaming must grant a gaming ordinance…"

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