Coeur d’Alene Tribe loses Texas Hold ’Em appeal

Texas Hold ’Em isn’t allowed in Idaho, the 9th Circuit U.S. Court of Appeals ruled Wednesday.

The Coeur d’Alene Tribe wants to offer the card game at its Worley casino, but the appeals court said poker is “explicitly prohibited by Idaho law.”

The tribe contends Texas Hold ’Em is a game of skill, not just chance, so it should be allowed under Idaho’s Constitution. In addition, it’s widely played already around Idaho at charity events and big tournaments, the tribe’s argument said.

U.S. District Judge B. Lynn Winmill issued a preliminary injunction against the poker games at the Coeur d’Alene Casino in September; the tribe appealed to the 9th Circuit, which sided with Winmill.

“The Tribe’s interpretations of Idaho law are not persuasive,” said 9th Circuit Judge Michael Daly Hawkins, writing for a unanimous three-judge panel. “Though skill undoubtedly plays a role in Hold ’Em, the game does not qualify for the statutory exemption for bona fide contests of skill, speed, strength or endurance.”

The tribe also argued that the state shouldn’t have sued, because a clause in the tribe’s gaming compact with the state calls for binding arbitration to settle disputes. Winmill initially put the state’s lawsuit on hold on that basis, but when neither side invoked binding arbitration within 60 days, he concluded that the tribe preferred litigation and allowed the state’s lawsuit to proceed.

Hawkins wrote that poker can be considered either Class II or Class III gaming, “depending on the laws of the state in which the gaming takes place.” Class III gaming, which includes a state lottery and the tribe’s reservation casino, can occur only through a negotiated compact between the tribe and the state.

The appeals court found that regardless of whether others in the state were playing Texas Hold ’Em, it’s Class III gaming in Idaho because the state constitution specifically prohibits it.

The tribe opened its poker room in May 2014, prompting the state’s lawsuit. At the time, tribal officials said marketing studies indicated their casino south of Coeur d’Alene was losing business to Indian casinos in Washington that offer card games and to commercial card rooms, which also are allowed in Washington but not in Idaho.

Coeur d’Alene Tribal Chairman Chief Allan said Wednesday that he was “disappointed” in the appeals court decision. Tribal officials are discussing their options, which could include requesting a larger panel of judges to rehear the appeal or appealing to the U.S. Supreme Court.