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Texas Attorney General Says Charity Gambling Violates State Law
Texas Attorney General Says Charity Gambling Violates State Law
Texas Attorney General Greg Abbott ruled Tuesday that the charity poker runs held by motorcycle associations are in violation of Texas laws against gambling.
“Even if the contribution goes to a charitable cause and the nonprofit organization will pay prizes from other money, a participant pays money for the chance to win a prize," Abbott said. "Thus we conclude ... the nonprofit organization would become a custodian of a bet in violation [of the state gambling codes].”
Many of the motorcycle clubs in Texas are composed of retired police and fire department officers. Often, they organize gambling events to benefit a fallen comrade’s family, or a policeman or firefighter who has been injured on or off the job. The poker run, for example, that aroused Mr. Abbot’s attentions to the issue, was organized by the Blue Knights Texas XXXI chapter to raise funds to benefit Galveston County Deputy Sheriff Michel Roy. Mr. Roy was badly injured this past April when a drunk driver crashed into his squad car.
Galveston County Criminal District Attorney Kurt Sistrunk was alerted to the Blue Knights’ event when he received a complaint from a citizen opposed to gambling. He asked the organization to call off the poker run. He then referred the matter to state Attorney General Greg Abbot, who confirmed his judgment.
"There was no getting around it, in my estimation, they would be violating the law if they pursued that event," Sistrunk said.
The Blue Knights went on with the gambling event, but cancelled the cash prizes. Blue Knights chapter President D.J. Alvarez said that three or four runner backed out of the event. Mr. Alvarez maintained that it will be more difficult to raise money for charity, as gambling is an activity that attracts many to the charity events. The poker runs, he said, were particularly valuable in raising money for injured police officers and firefighters.
"You have poker runs every weekend," explained Alvarez, who is a Galveston Police Department lieutenant. "They're all for cancer organizations, charitable organizations…Where [other than at a gambling event] in a matter of three hours can you raise $5,000?" he asked.
Others who organize the motorcycle poker games in Texas agree with Mr. Alverez’s opinion that Mr. Abbot’s ruling will cut down on their ability to raise money for charity. Jesse McCulley owns Competition Motorcycles of Pearland, which organizes one of the biggest poker competitions in the area. He expressed his disappointment at the ruling against gambling for charity. "Some people are going to come out of the kindness of their heart," he said. "But let's face it, if you cut out that little piece of cheese at the end of the trail, participation is going to decline."
Mr. McCulley said that he had believed the event was within the realm of permitted gambling because neither he, nor any party besides the individual players, earns a profit from the proceeds.
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