Triche’s bill couldn’t ‘Hold ‘Em’

House Bill 484 proposed by Rep. Warren J. Triche Jr., D-Thibodaux, would have legalized Texas Hold ‘Em Poker tournaments in alcohol serving bars and restaurants, had it not been effectively killed by sending it back to the calendar with a vote of 22 to 14.

Triche said the head of the Department of Alcohol and Tobacco opposed the measure because the card tournaments would have been held during regular hours at a bar or restaurant.

“And I say it’s no different than a bowling tournament where the concession stand does not shut down when the tournament goes on,” said Triche. “At a country club, the country club lobby area for purchasing meals and beverages does not shut down while the golf tournament’s going on. While the darts are being thrown in a tournament, the concession stand or the restaurant or bar doesn’t shut down. So, this should not shut down. It should be a level and equal playing field, but it’s not.”

Commissioner of Alcohol & Tobacco Control in the Louisiana Department of Revenue Murphy Painter sees a very simple difference between Texas Hold ‘Em and golf, for example.

“The difference is real simple. When you go to golf, basketball, football and all those other things, those are considered sports. And a person that wins those things, wins because of their skill that is involved with athletic skill,” said Painter. “Cards, as defined by Webster, poker is gambling. Anytime that you’re shuffling a deck of cards and your winning or losing depends on the cut of the deck. Certainly there are some skills that go along with it, but those skills are not athletic skills.”

Painter admits to never having played Texas Hold ‘Em, but did say others have shown him how the game works.

“There’s no argument in my position as to whether poker is athletic skill or non-athletic skill,” said Painter.

The constituent who petitioned Triche for the bill was Bobby Grabert of Beck’s.

Grabert said pool tournaments, dart tournaments and even football pools are legal, but hosting a Texas Hold ‘Em tournament is illegal.

“Now, you try to justify that,” said Grabert. “It’s protectionism for the casinos.”

He said we live in a free enterprise system, which allows him to promote his business. He can hire a band to perform in his establishment to increase his sales.

“I think it’s more of a right than it is a gambling issue,” said Grabert. “They got the local truck stops, which are located on every street corner today. They can have $1,000, $2,000 daily drawings or whatever they have to give away to promote people to come into their establishment.”

Triche sees the game as just that, a game, falling under the category of gaming and not gambling.

He pointed out why Texas Hold ‘Em tournaments do not fall into the gambling category.

It’s gambling when the house, the bar or restaurant hosting the event, takes a cut. But in a Hold ‘Em tournament, this doesn’t have to be the case. The entire sum of the entry fees can be redistributed in the prize pool the top finishers.

Triche said gaming requires skill and gambling is entirely based on chance. Darts require dexterity and hand eye coordination to hit a mark, whereas the only skill slots require is the dexterity to pull the handle.

“If you know anything at all about Texas Hold ‘Em, that is not true. A winning hand can be the worst hand in the bunch, depending upon how much skill you play in either, betting at a proper time, holding back at a proper time or folding at a proper time,” said Triche.

Painter said he and his officers would enforce the law as it is, until the legislature changes the law.

“It is his rule that decides to have raids on those establishments in Terrebonne and Lafourche and elsewhere on those business conducting these tournaments. It is his decision, not ours [the state legislature],” said Triche.

Triche’s bill would have been strict, permitting bars and restaurants to host only one tournament a week. Furthermore, only Texas Hold ‘Em would have been protected by the bill and not any of its variations.

The bill also stipulated there would be no changes in drink or food prices and the hosting establishments could not provide or award anything to the tournament or its participants.

This means it could not provide cards, tables or chips.

It also could not charge a cover fee just to enter the establishment to participate in the tournament, nor could it rake the pot.

It would also have to set aside the tournament in an adults only, 21 or older section.

Also in a tournament, all the participants pay the same fee and begin with the same number of chips, meaning people can’t keep buying back into a table after they bust out.

And the players in a tournament and just about any other form of Hold ‘Em compete against each other and not the house. So, while skills between players may differ, everyone has the same odds, every hand.

“It’s about me and the free enterprise system,” said Grabert. “If I had the finances, I’d have this in court already.”