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A new kind of electronic poker table in Dejope Gaming is causing quite a stir for state officials. But the Ho Chunk tribe which operator and owns the Dejope Gaming Bingo Hall believes that this is not an major issue. “It’s a new venue that we’ve offered to our customers, and it’s the legal way of playing poker,” says Dejope Executive Manager, Carole Lunstrup . The tribe also insists on the legality of the games insisting that gamblers wager against each other rather than betting against the machine or the house itself. Lanstrup also adds that the National Indian Gaming Commission (NIGC), the only federal agency whose sole responsibility is the regulation of gambling, has issued an advisory opinion which states that the games are indeed legal.
The NIGC was formed through the Indian Gaming Regulatory Act (IGRA) in 1988. Its functions include the proclamation of ordinances and guidelines of IGRA, and to enforce its provisions, federal regulations and also tribal gaming regulations. It also has the authority to shut down any Indian gaming operation or impose fines. But the state presents another argument saying that the state and the tribe have agreed to settle the matter through an impartial arbiter. Of course this third party mediator would be agreed upon by both parties. According to Steve Knudson, Head of the State Department of Administration’s gaming division, the main issue to be taken up in this case is whether or not the electronic poker tables are “Class II” games which are allowable. If it is decided that the games will be classified into “Class III”, then they will not be allowed in a Class II gambling establishment such as the Dejope. Class II establishments are allowed to have bingo, pull tabs, tip jars, punch boards and any other bingo related games within their facilities. Class III facilities, however, are allowed games you normally find in casinos like slots, blackjack, roulette and others. These facilities will also not be allowed to offer games allowed in a class II or I establishment. To this Knudson says, “We feel the poker games are Class III.” adding that Dejope is not a casino, it is a Bingo hall.
Dejope, which has a 1,100 electronic bingo machine facility, has a separate spot for its eight poker tables. Each table can accommodate up to 10 players. Lanstrup, owes up and says, she was the brains behind the machines, since other gaming halls around the state seemed to be successful. “We’ve had numerous requests for poker from local players and our newly constructed poker room rivals any in the Midwest.” she said. But in a referendum dated February 2004, the voters agreed to reject the expansion of Dejope to a casino type gaming hall. “People are enjoying it and seem to be having a good time, I was just really looking for another (game) we could offer our guests, while staying legal as a Class II facility.”she adds.
Lanstrup also says that the e-poker tables are nothing but natural for Dejope since it has opted for more of a Las Vegas type feel when it was redesigned in 2006. She also adds that eliminating human callers and paper cards for their bingo games is what the people want. “We’re in the 21st century where everything is electronic,” she said. In a statement made by Ho Chunk President, Wildfrid Cleveland he said, ” Before introducing Class II poker at Ho-Chunk Gaming Madison, we reached out to the National Indian Gaming Commission for a legal opinion. That opinion was clear: Class II poker can be offered at Ho-Chunk Gaming Madison.”. He further adds to the argument by emphasizing the advisory legal opinion by the (NIGC) which states that, non-banked poker belongs to Class II and it is considered so in Wisconsin, and therefore is applicable to Dejope. National Indian Gaming Commission’s acting General Counsel, Penny Coleman, says that tribe wishes to operate a poker room at its Class II facility was permissible. In that legal opinion dated Feb.26, 2008, the judge said, those non banked pokers like the ones found in Dejope is indeed considered Class II, and should be allowed, however, the games should still adhere to state laws.