Legal issues surround fraternity poker tourney
By BRYAN MITCHELL,
mitchellb@knews.com
October 30, 2004
A University of Tennessee fraternity plans to hold a poker tournament for the chapter's philanthropy today on the Cumberland Avenue Strip despite indications from a state official the tournament constitutes illegal gambling.
The brothers of Pi Kappa Phi are hosting the poker tournament at O'Charley's to raise money for the PUSH America foundation with help from Chris Moneymaker, the 2003 World Series of Poker champion.
Advertisement
PUSH America was founded in 1977 and remains the exclusive philanthropy of Pi Kappa Phi with the purpose of instilling lifelong service in fraternity members and serving people with disabilities, according to its Web site.
Moneymaker is a former member of the UT chapter of Pi Kappa Phi. He gained national notoriety after defeating poker's greats in the 2003 World Series of Poker.
Pi Kappa Phi spokesman Steve Evans said the fraternity has checked with university officials to ensure the event was legal and legitimate.
He said that event organizer, David Bell, worked with UT Fraternity Affairs Adviser Jim Harrison prior to the tournament.
However, the director of charitable solicitations for the Tennessee Secretary of State said the tournament is an "unlawful event."
"Poker games would be considered a casino game of chance," Barbara Toms said. "It would be unconstitutional and prohibited."
Toms said that hosting the tournament as a charitable fund-raiser does not exclude it from state law.
"Giving it to a charity does not make it legal," she said.
Evans differs.
"They are not paying a buy-in, they are paying an admission fee that goes directly to the charity," he said. "It's just like if you had a flag football tournament; each team paid $50 and you gave out prizes."
All participants in today's tournament will get a T-shirt, while prizes for top winners include a 32-inch television, an Xbox video game system and a digital camera.
O'Charley's general manager Ed Pasto said the restaurant checked with the Knoxville Beer Board and was told that as long as no money is on the tables that the event is legal.
As of Friday night, the fraternity has enlisted 197 participants who all paid a $30 entrance fee.