In 2006, the Unlawful Internet
Gambling Enforcement Act (UIGEA) was pass and online gaming was effectively
banned in the United States. Online
poker was included in that ban and supporters of online poker have been
lobbying since 2006 to get the game legalized.
With the recent reelection of Barack Obama as President, poker lobbyists
feel that they are in a good position to finally get the game legalized, but
the question remains whether or not he truly supports online poker.
It is widely known that President Obama plays poker and even
described himself as a good player. He
is known to have played in a weekly home game with Illinois lawmakers in
Sprinfield. The President's style was
described by Illinois state Senator Terry Link as conservative. The President often, "played the odds.
He didn’t play for the inside straight."
While a known poker player, the President has by and large
remained mum on the issue of online poker.
The closest that the Administration has come to making a formal
statement was in response to a "We the People" petition on the White
House's website back in May of this year.
In response to a petition regarding the White House's stance on online
poker, the statement essentially left it to the states:
“…Online gambling on sporting events or contests violates
federal law. The legality of other forms of online gambling is dependent upon
the law of the states where the bettor or gambling business is located. It
is left to each state to determine whether it wishes to permit such activity
between its residents and an online poker business authorized by that state to
accept such wagers…:
The question was raised yet again during the weeks leading up
to the elections. As part of the
Republican party platform, the party openly spoke out against online gambling
and called for a ban of all online gambling.
This includes online poker. When
the Democratic platform was released, no mention of online gambling was
made. Poker supporters were surprised
and a bit dismayed that this issues was completely ignored.
In essence, the answer to whether or not President Obama
supports online poker would seem to be maybe based on the response to the
petition earlier this year. If he is
indeed a supporter of the game, he looks to be holding his cards close to the
vest and calculating the odds of when the best time would be to come out with
an official declaration of support.
The issue at the Congressional level is a bit more
murky. For years, there have been
attempts to attach online poker legislation to bills. Key poker supporters in Congress include
Senate Majority Leader Harry Reid and Texas Representative Joe Barton. They have worked on poker legislation together
and their first serious attempt was planned
to be attached in Obama's tax cut plan back in 2010 but it failed to make
it to the bill.
Now, a bill drafted by Senator Reid and AZ Senator Jon Kyl
is trying to make it's way through the lame duck session but is looking at a
slow death. Problems with the bill
include that it would ban all forms of gambling online except for poker and
horse racing. States do not support this
as it would harm them from being able to put lotteries online. In addition, there is a constitutional
question about a clause that would ban online poker companies that operated in
the United States past 2006. There are
claims that the law is essentially a bill of attainder which bypasses due
process laws, and therefore unconstitutional.
At present, only two states have legalized online
poker. Those are Nevada and Connecticut,
but neither have started offering games.
A federal online poker solution would provide a legal and regulated
framework for online poker operators but it appears that support for this type
of solution is still a ways off.
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