The 9^th Circuit U. S. Court of Appeals has ruled against the Coeur d’Alene Tribe’s bid to offer Texas Hold ‘Em poker at its reservation casino in Worley, finding that poker is “explicitly prohibited by Idaho law.” The tribe contended that Texas Hold ‘Em is a game of skill, not just chance, so should be allowed under Idaho’s Constitution. It also argued that Texas Hold ‘Em is widely played already around Idaho, from charity events to big tournaments.

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 9^th Circuit. Today, the appeals court sided with Winmill.

“The Tribe’s interpretations of Idaho law are not persuasive,” wrote 9^th 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. A contrary reading would impermissibly place the statute in conflict with the constitution’s prohibition on poker.” You can read my full story here at spokesman.com, and read the 9^th Circuit decision here.

Chief Allan, chairman of the Coeur d’Alene Tribe, issued this statement in response to the ruling:

“We are, of course, disappointed with the decision issued today by the 9th Circuit concerning the Coeur d’Alene Tribe’s right to offer Texas Hold’em. Ironically, the very provision of the Idaho Constitution the State argued should be strictly interpreted to oppose the expansion of gaming, is overlooked by the state in the governor’s efforts to expand casino gaming at horse and dog tracks around Idaho.”