What is it in Michigan's law that makes some poker rooms - open to US players - not open to Michigan players? An example is Doyle's Room(though they change their rules a lot).
Thanks!
Poker Players Alliance Forums » Ask Skallagrim
Michigan Law
(3 posts)-
Posted 10 months ago #
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Hello umichiganpoker, welcome to the forum.
The short answer is that, for a time at least, Michigan actually had an internet specific law; by that I mean an anti-gambling statute that specifically mentioned the internet. Many sites, especially on the MicroGaming network, will not take US players form states that specifically make online gambling a crime (only 2 specifically make online playing a crime: Washington and Illinois - Louisiana has a convoluted statute that needs interpretation by a court, but it COULD be read to make playing online a crime). I believe most sites now use these 3 states as the basic exclusion list.
Some sites exclude more states. In states like Nevada, New Jersey, and Indiana, while there is no crime for playing at an online gambling site, the law makes it a crime to provide "unauthorized" online gambling within the state. New York has no specific mention of the internet in its statutes, but NY prosecutors have been diligent and successful in invoking that state's laws against operators of online sportsbooks and casinos.
No case in this area, however, has yet to reach the level of an Appeals Court or a State Supreme Court, so the answer is still not fully certain. NJ and NV, for example, have never brought a case under their statutes at all.
All of these statutes are legally questionable to one degree or another; the primary problem being the US Constitution's Commerce Clause, which states that only the Federal government has the right to regulate interstate commerce. This issue in currently in the courts thanks to PPA Washington State Director and Lawyer Lee Rousso. You can follow the progress of that case from the main PPA web page.
Check out http://www.gambling-law-us.com/State-Laws/Michigan/ for a pretty comprehensive list of Michigan gambling laws. In a blocked off part of the page it states: "in 1999 Michigan adopted SB 562, which made it specifically unlawful to use the Internet to violate certain provisions of Michigan's anti-gambling laws, including sections 750.301 through 306 and 750.311. In 2000 Michigan adopted Public Act 185 which repealed the references to those anti-gambling sections. Thus, Michigan is not a state that has in effect a specific prohibition against using the Internet to make, offer or accept bets over the Internet."
I have no reason to doubt the above statement. So it would appear that Michigan is being excluded by some sites on the basis of a repealed statute. Then again, the state having acted on the internet issue once, maybe the sites are just being extra cautious when it comes to Michigan law.
Hope that answers your question!
Skallagrim
Posted 10 months ago # -
Thanks for the detailed reply! Things get so complicated dealing with all the different laws & interpretations.
Posted 10 months ago #
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