3/29/2022»»Tuesday

Ignition Poker Legal

3/29/2022
// Industry, Legal News, Misc, News

Ignition Poker does put quite the focus on catering to the US market, so the short answer to this question is “ yes ”. However, it’s key to note that there are certain states that are not allowed to register and play poker there. These states are New Jersey, Nevada, Washington, Maryland, Delaware, Kentucky, Louisiana, New York and Missouri. Despite its “casino” name, Ignition was created as a poker-first offering, and it remains operating as a skin of sorts on Bodog/Bovada’s software, and it appears to have accepted players from at least a few other countries as well, as evidenced by the current situation in Australia.

Australia’s online poker players have seemingly lost another outlet for playing their game with the news that the Australian Communications and Media Authority (ACMA) has ordered the blocking of the large grey-market offering Ignition Casino. The ACMA on Monday issued the blocking order to the country’s internet service providers (ISPs), specifying Ignition Casino and eight other online gambling sites that have continued to accept Aussie customers following that country’s official ban in 2017 on all forms of online gambling other than sports betting.

It’s the second time that the ACMA has issued such a blocking order. Last year, the ACMA ordered the blocking of another Aussie-facing operation, Emu Casino, which included multiple brands and domains. Emu Casino has since exited the Aussie online sphere while reaching a workaround deal with Aussie authorities that allows customers to retrieve their frozen Emu balances through separate means. The ACMA has ordered the blocking based on updates made to both gambling and telecommunications laws in Australia.

In addition to Ignition Casino, the ACMA also ordered ISPs to block these sites: Roo Casino, GW Casino, Wager Beat, Joe Fortune, Casino Dingo, AU Slots, Top Bet, and XBet. As is plainly evident, some of these sites specifically targeted Aussie gamblers despite the country’s ban on such services, while others may simply have failed to proactively block Australian players.

“More than 79 complaints have been submitted to the ACMA about these services, which are available in Australia,” the ACMA declared in a statement. “ACMA investigations found these services to be operating in breach of the Interactive Gambling Act 2001.”

The regulator also noted that “Website blocking is one of a range of enforcement and disruption options the ACMA uses to protect Australians against illegal gambling services. More than 90 illegal companies have pulled out of the Australian market since 2017 when the ACMA started enforcing new illegal offshore gambling rules.”

Ignition Casino is a spinoff of the Bodog/Bovada brand family. Ignition Casino was created in August of 2016 through the sale of Bovada Poker’s US customer base to Lynton Limited, an unknown entity with little previous track record. Despite its “casino” name, Ignition was created as a poker-first offering, and it remains operating as a skin of sorts on Bodog/Bovada’s software, and it appears to have accepted players from at least a few other countries as well, as evidenced by the current situation in Australia. The site is officially regulated by the Kahnawake Gaming Commission (KGC), based just outside Montreal, Canada.

The loss of a prominent and stable grey-market offering (given that no formal regulatory mechanism is even being considered) is likely to drive Australia’s devoted online players even farther underground in the virtual sense. One likely result should be an even greater shift to the “club”-based form of online poker generally available through agents and via smartphone apps. Such apps and games first surfaced in Pacific Rim countries ranging from China to Australia, and despite their high risks, they’ve become an option of last resort for certain categories of online players. No formal regulatory plans are on the country’s legislative horizon.

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The law in Florida as it relates to gambling is pretty clear, and they have in fact gone out of their way to include all forms of gambling, whether that be at a live event or gambling on devices of any kind, including electronic devices. Here’s how the law reads:

Ignition Poker Legal

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“Gambling: Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree.”

So by including “by any device whatsoever,” this would involve gambling on electronic devices, so the fact that it the gambling occurs by electronic means would not make it exempt from this law, in spite of what some people may erroneously think.

However, does poker qualify as a game of chance here? The Florida courts have defined this as a game which relies significantly on the element of chance, and this is of course rather vague. It is of note that among the prohibited games mentioned in this section, “cards” is listed first, and poker is indeed a card game.

However, it does mention cards and other games of chance, but what if poker is seen as not a game of chance but a game of skill primarily? Well even if this is the case it wouldn‘t matter, as section 849.14 prohibits wagering based upon contests of skill as well (2), so that won’t even help.

The only saving grace here is that there has never been anyone prosecuted in the United States for playing poker online, even in the states with the harshest laws against it, like Washington State which has laws making playing online poker explicitly illegal. So if it isn’t being prosecuted there wouldn’t seem to be any real reason to be concerned, even if it is illegal.

Live Poker In Florida

Florida has a total of 8 Indian Casinos, in addition 25 non-Native casinos known as “racinos,” since they are all racetracks which have been given casino licenses as well, and 2 “Casino Ships.” (3).

Almost all of these gambling facilities offer poker rooms, although they mostly tend to be on the small side However there is a total of 31 poker rooms spread widely across the state, so while they may not be big in size they certainly are pretty numerous and fairly easily accessible no matter what region of the state you are from.

The poker at the Indian casinos is probably the best you will find, as opposed to the racinos which may only have a few tables. The Seminole Hard Rock Casino in Tampa is noteworthy, and features 50 tables, and boasts one of the state’s largest card rooms. Florida does now have a dedicated card room open which is neither a racino or an Indian Casino, the “Best Bet” in Jacksonville, and is the largest poker room in the state with 70 tables (5).

The state had historically only granted licenses to racetracks and the opening of this new poker room, which found a loophole in the law, may be a trend where legislators are prepared to cash in on live poker more without worrying so much about promoting racetracks while doing so.

Online Poker Regulation In Florida

Florida is one of several states that have introduced a new gaming bill, SBP7082, but the bill notably did not mention online poker. This bill instead looks to make changes in the way gaming is regulated in the state, for instance relaxing standards to operate live poker rooms in the state, but does not address the issue of regulating online gambling (6).

However, discussions about regulating online poker in Florida have been going on for a few years now, and these discussions are continuing, and it may be that an online poker bill may be introduced there in the near future, but nothing is imminent.

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As is often the case, there may be opposition from land based operators who may fear that online poker or online gambling may compete with their business, but this has been shown through studies done in other states that it really isn’t an issue.

Florida is the country’s 4th most populous state, with 20 million people, and the people of Florida also are pretty fond of poker, and online poker in particular, so the market here may be huge if and when a deal gets done.

Our Recommended Online Poker Sites For Florida Residents

In the meantime, Florida poker players are flocking to Ignition Poker and Casino, which is one of the most trusted iGaming brands we recommend for players in this region. If you’re looking to play legitimate online poker games – under anonymous names on top of that – then check out our Ignition Review today to learn more and sign up for your account.

It is NOT a crime to play online poker at a trusted offshore site like Ignition, so don’t be hesitant if you’re looking to find a solid game online. They have the best cash games running right now, give out MILLIONS a month in MTT prizes, as well as boast the smoothest software out there today.

Ignition Poker Legal

References

(1) 2014 Florida Statutes, Title XLVI, 849.08

(2) 2014 Florida Statutes, Title XLIV, 849.14

3) List Of Casinos In Florida

(4) Florida Poker Rooms

(5) Largest Poker Room In Florida Opens To Huge Crowds

(6) Florida Senate Bill 7082

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