Date: Jan 1, 2006 7:55 PM

By R.G. RATCLIFFE
Copyright 2005 Houston Chronicle Austin Bureau

AUSTIN - Motorcycle clubs that stage "poker runs" for charity will find 2006 less bountiful because Attorney General Greg Abbott ruled Tuesday that such fundraisers amount to illegal gambling under Texas law.

Poker runs typically have a participant paying a registration fee or have the motorcycle rider purchase cards or hands at various rally points. At the end of the run, a cash prize is usually awarded for the best hand, the second-best hand and the worst hand.

Abbott ruled that a poker run with cash prizes would amount to a lottery under state law. He said an organization that kept part of the proceeds for charity would violate the state's prohibition on gambling.

"Even if the contribution goes to a charitable cause and the nonprofit organization will pay prizes from other money, a participant pays money for the chance to win a prize," Abbott said. "Thus we conclude ... the nonprofit organization would become a custodian of a bet in violation (of the state Penal Code)."

The ruling will broadly affect motorcycle organizations across Texas. At least seven have posted poker runs on the Internet through March. Charitable poker runs in the past year have been hosted by motorcycle clubs as well as police and fire departments around the state.

The poker run that prompted Abbott's opinion was organized by the Blue Knights Texas XXXI chapter to raise money for Galveston County Deputy Sheriff Michel Roy, who was injured in April when his squad car collided with a drunken driver's vehicle.

The Blue Knights is a motorcycle club consisting of active and retired police officers.

The club's advertised run said riders could buy hands for $10 each with no limit on the number of hands that could be purchased. At the end of the run, prizes would consist of $700 for the best hand, $200 for the second-best hand and $100 for the worst hand.


Event drew complaint:
Galveston County Criminal District Attorney Kurt Sistrunk said he received a citizen complaint on the poker run the day before it occurred. He said he called Blue Knights officers and asked them to call the event off.

"There was no getting around it, in my estimation, they would be violating the law if they pursued that event," Sistrunk said.

Blue Knights chapter President D.J. Alvarez said after that call, the club continued with the poker run, but canceled the cash prizes.

Alvarez said only three or four riders backed out of the Blue Knights run that weekend, but he said Abbott's ruling will have a serious impact on charitable poker runs across Texas.

"You have poker runs every weekend," said Alvarez, a lieutenant in the Galveston Police Department. "They're all for cancer organizations, charitable organizations."

He said they are especially useful in raising money for injured police or firefighters.

"Where in a matter of three hours can you raise $5,000?" Alvarez said.

'We can get around it'

While Abbott's ruling specifically addressed the Blue Knights' poker run, Sistrunk said he reads it to outlaw all such fund-raising activities by nonprofit groups.

 

And you can bet any amount you want that the "citizens complaint" was not because of the "gambling" it was because it was *bikers* having an event.

I forwarded this note to a friend of mine who runs a charity in Texas that has used poker runs for fund raising. Hopefully if enough charities get pissed, they get get this moron thrown out of office. The fact that he used a law-enforcement group to drop the hammer on doesn't bode well for his career either. Attorney generals don't usually do well in elections without law enforcement's support.

 

Ferkin' world's gone mad. Why don't they just cut the cr*p and bring in one law that says "anyone caught enjoying themselves will be arrested". Seems to me that's what we'll end up with.

 

Of all the MCs he had to pick on the Blue Knights? [sm=badidea.gif]

So, erm, who's going to be doing the arresting of the bikers doing the run then....

 

"poop" and "attorney generals desk" comes to mind when reading this article.

 

maybe the complaint was from some brother biker sick of getting hassled by cops for nothing, and when seeing they were breaking the law decided to point out the double standard.

and if you don't think there is a double standard when it applies to the Blue Knights and other cop associations you need to wake up and smell the coffee

 

that is just total bs. i cant believe anyone would stop a charity event of any kind. he must have a neighbor with loud pipes or his wife left him for a biker...lol what a loser

 

These ARE charity events to raise money and to us bikers it is fun and a way to meet new people in our community or at least that is how I view them. You know if more people rode a HARLEY the world would be a better place[sm=happybounce.gif]! Tim

 

I don't know about that Tim... I can think of a few people that would scare the crap outta me if they were on a Harley.

 

The fine folks of Texas need to be contacting their elected officials about this...