The local police may not bother you but the game is in clear violation of the New York State Penal Law section 225. Your players are risking "something of value" to win "something of value."
By not taking a rake or any profit from the game you are attempting to avoid to avoid the "promotion of gambling" However, the players are in clear violation of the law.
The major problem with the law is that different counties and local authorities react differently to a "home" game. You are not currently being bothered in Suffolk County but that could change with a new administration or simply new police officers being assigned to your area.
As a side note, please review the press release below:
THE FREE POKER EXPERIENCE, LLC
P. O. Box 66738 #17440, Saint Louis, Missouri 63166-6738
Phone: (631) 512-7405 Fax: (314) 754-8386
E-mail: freepokerexperience@gmail.com
FOR IMMEDIATE RELEASE:
Playing Poker for Free is Illegal in 30 States
New York, New York (November 10, 2008) - The Free Poker Experience, LLC, a Missouri limited liability company has filed an action in the Supreme Court of the State of New York, County of New York (No.: 650328/2008) to prove that New York Penal Law is unconstitutional under both the state and federal constitutions when applied to free poker.
The Free Poker Experience represents Free Poker Network, Inc., (http://www.freepokernetwork.com) a company that organizes free-to-play Texas Holdem poker tournaments hosted by participating sponsors (bars, restaurants, taverns, etc.). The tournaments are 100% FREE –to-play in and are for entertainment purposes only; players are never charged a fee of any kind to play. The player risks nothing and can lose nothing.
The New York State Penal Law (§ 225) states that playing any game wherein you risk “something of value” is gambling. The State further defines “something of value” as anything “…involving entertainment or a privilege of playing at a game or scheme without charge.
New York State Penal Law seeks to have nothing defined as something and to impermissibly broaden the definition of gambling past any reason or constitutional test; because the player is entertained, enjoys the exercise or even dares to engage in the game, according to Benjamin Scheck, managing member of The Free Poker Experience.
Mr. Scheck said, “We are fighting the government to protect the right of the “average Joe” to play free Poker. This is a critical time for poker. To win we need strong, vocal support and active involvement from the poker playing public.”
“There is nothing more important that the poker playing public can do to promote and defend the great game of poker than to help us help them in defending America’s game, poker. We are not a large national organization with millions of dues paying members. We are regular people who believe that it is time that the “average Joe” stands up and fights for his rights” said Thomas Kozlowski, Director of Operations for The Free Poker Experience.
♠ Ensure that your poker voice is heard loud and clear!
♣ Join the fight and help protect America’s card game!
♥ Defend poker and your Constitutional rights!
♦ Poker is the great American card game it is not a crime!
For Information Contact:
Benjamin Scheck, managing member
The Free Poker Experience, LLC
Telephone: (631) 512-7405
Fax: (314) 754-8386
E-mail: freepokerexperience@gmail.com
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