TEXAS HOLDEM ONLINE POKER

Jim Spears, owner of Bayou Billiards, 10050 Florida Blvd., sued the state of Louisiana and the city-parish Alcoholic Beverage Control Board seeking the legal determination.

Spears claims his pool hall would not receive a cut from the Texas Holdem poker games but merely provide a place for patrons to gather and play cards.

Spears referred comments to his attorney, Joseph Long, who said opinions rendered by Alcoholic Beverage Control Board officials claim the poker games could violate state law. That violation could result in a business losing its liquor license, he said.

Long said he believes there would be no violation, provided the business makes no money from the Texas Holdem games. He said Spears wants the issue resolved before allowing the games.

"If I have a judge who makes a ruling, it doesn't matter what opinions we have from attorneys," Long said.

"This proposed card playing would not be illegal because (Bayou Billiards) would not be operating the game as a business, nor would any player be operating it as a business, and the billiard room that the card playing would be played in is not considered in public," the lawsuit says.

Steve Spalitta, director of enforcement for the state Alcoholic Beverage Control, said his office has several people researching the state law and reviewing how other states handle the poker issue.

"We want to be fair with everyone before we take any action," Spalitta said.

Gene Booth, an assistant parish attorney who represents the city-parish ABC Board, said bar owners who violate state laws -- including those that prohibit gambling in public places -- could lose their liquor licenses.

He said there are no local laws dealing with gambling prohibitions, but there are state laws.

"It would be a violation of the local wine and beer ordinance to violate any state or local law," Booth said. "We're not trying to regulate gambling; that's not what we do."

The lawsuit says Booth, quoted in the May 25 Baton Rouge Business Report, said Texas Holdem poker playing at lounges and taverns in the city was "gambling in public" and therefore illegal.

The poker games that until recently have been played at several Baton Rouge bars is a game known as No Limit Texas HoldEm, Long said.

In that game, players are dealt two cards and place bets as the dealer turns up more cards that are shared by all the players. The game often attracts serious poker players because there are no limits on the amount that can be bet at any one time.

Long said several Baton Rouge bars that were holding tournaments for their patrons stopped doing so after learning they are at risk of having their liquor licenses yanked.

The case has been assigned to state District Judge Wilson Fields. No hearing date has been set.