From the Hotline

By Teri Henning, General Counsel
Pennsylvania Newspaper Association

Q: Our local fire department wants to advertise for a “Texas Hold-em” tournament. Should we accept the ad?

A: The PNA recommends against accepting these ads. Under Pennsylvania law, gambling is illegal unless the Pennsylvania legislature has specifically authorized the gambling activity by statute. A person is guilty of a misdemeanor of the first degree if he sets up or maintains any gambling activity (except as authorized by statute).

In order to constitute unlawful gambling, the activity must have three elements: 1) a prize; 2) chance; and 3) consideration. Some argue that poker is more a game of skill than of chance, and therefore is not illegal. Pennsylvania authorities disagree, and some other states to consider the issue have also reached the conclusion that poker is a game of chance.

The Pennsylvania Local Option Small Games of Chance Act, 10 P.S. §§ 311-327, allows certain nonprofit organizations to conduct small games of chance for the purpose of raising funds. These groups must obtain a license before conducting small games of chance. The Act permits these licensed organizations to conduct five types of games of chance, including: 1) punchboards; 2) daily drawings; 3) pull-tabs; 4) weekly drawings; and 5) raffles. The Bingo Law, which is a separate law, permits licensed organizations to conduct Bingo games. Poker is not one of the permissible games under the Small Games of Chance Act. Pennsylvania law enforcement authorities have taken the position that these poker tournaments constitute unlawful gambling, and have threatened enforcement in some areas of the state.

For more information, please contact your newspaper’s lawyer or the PNA’s Legal Hotline at (717) 703-3076.

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