Common sense, the rule of law and poker

There is this interesting article in the Arizona Republic about a retired former justice of the peace who is running poker room. I thought this was too interesting to not write about.

I am truly conflicted and trying to be consistent in my beliefs. On one hand, I love poker. I have friends over to play poker for money (gambling, gasp...). On the other hand, I am a believer in the rule of law. If the law is wrong it should be challenged in court or changed. We cannot pick and choose the laws that we want to recognize.

Here is the problem that I see, what do we do as a civil society when large groups of people ignore a law? Laws on gambling are largely ignored. The size of the operation is the only real factor here. I am tempted to say that gambling causes no harm, but I suspect with a small group of people is does cause harm. Gambling is not victimless, but it is pretty close. So, how is gambling different than something like speeding?

I guess the difference that I see is that almost no one is prosecuted for gambling in their home (poker, betting on sports etc.) While many people are prosecuted for speeding. I actually think that most people follow the speed limit (give or take a few mph). I also think that the government has a pretty compelling interest in regulating the speed limit because of traffic deaths (I don't want me or my family to be killed by some jackass driving too fast for his ability.)But maybe I am just trying to justify my own activity (my objectivity is thin here).

Here is what I would recommend: Why not make poker like home brewed beer? In most states, you can brew a certain amount of beer in your home legally. BTW, this was considered boot-legging before the laws were changed. The laws are simple enough. You can brew a certain volume of beer every year, but you cannot sell it. How about allowing small not for profit poker and card rooms that can only make so much money per year or limit the stakes? You can limit their size and just let them be...