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TEXAS HOLD 'EM NIGHTS: Evading illegality involves real skill
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Gambling is a disease that can eat the heart and soul out of an individual or an entire family. It is also another way the strong prey on the weak.

That's why gambling - putting up money on the random chance that you'll win more money - is altogether illegal in Utah (and Hawaii) and placed under legal limitations almost everywhere else.

But there are limits on how far the state can and should go to protect people from their own weaknesses. And, unless there's something going on under the table that we don't know about, a crack-down on the faddish Texas Hold 'Em poker emporiums, as apparently contemplated by state and local authorities, strikes us as a bad bet.

Our criminal justice system has limited budgets, limited manpower and, most important, limited political capital. If the system is seen as overreaching, banning behavior or arresting people that most of us hold to be harmless, it loses credibility with the public it is there to protect, the public that must assist the system if it is to be successful in dealing with real crime.

It could be argued that the way the aboveboard Texas Hold 'Em parlors operate skillfully skirts illegality. But, then, skill is what it's all about.

There is an element of skill in knowing when to hold 'em and when to fold 'em. Enough skill, indeed, that the game is not as random as craps, mechanical slot machines or lightning strikes.

And, because players pay a flat fee to participate - usually 20 bucks - rather than purchasing however many chips they can drag out of the kids' college fund, the game's threat to a family's finances is slim.

The poker purveyors' claim that their Texas Hold 'Em nights are no more a stain on society than bowling tournaments or golf matches has merit. As long as the losses are limited to the ticket price, the activity hardly offers the buzz-worthy hint of danger that gives real gambling its lure.

There is a danger that Texas Hold 'Em houses could, like perfectly legitimate massage parlors, become a front for something more nefarious. But we don't ban back rubs.

The poker craze is something that likely will burn itself out before too much longer. The state of Utah would be well-advised to stand back and let that happen.

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