The article below was in the Austin paper - paragraph 5 states that flyers on the internet are being watched. Anyone who wants to take down a flyer from our Events page or send a revised flyer stating that no cash pizes will be awarded to winners, please contact us. We don't want any of our brothers or sisters to be dealing with issues in 2006. But they really don't know what bikers are about if they actually believe that no cash prizes awarded to winners would prevent any of us from attending and supporting a cause. ~S&B
Our Run Flyers page...
http://sudsandbutterfly.homestead.com/Events.html
NEWS ARTICLE:
By R.G. RATCLIFFE
Copyright 2005 Houston Chronicle Austin Bureau
AUSTIN - Motorcycle clubs that stage "poker runs" for charity will
find 2006 less bountiful because Attorney General Greg Abbott ruled Tuesday
that such fundraisers amount to illegal gambling under Texas law.
Poker runs typically have a participant paying a registration fee or have
the motorcycle rider purchase cards or hands at various rally points. At the
end of the run, a cash prize is usually awarded for the best hand, the
second-best hand and the worst hand.
Abbott ruled that a poker run with cash prizes would amount to a lottery
under state law. He said an organization that kept part of the proceeds for
charity would violate the state's prohibition on gambling.
"Even if the contribution goes to a charitable cause and the nonprofit
organization will pay prizes from other money, a participant pays money
for the chance to win a prize," Abbott said. "Thus we conclude ... the nonprofit
organization would become a custodian of a bet in violation (of the state
Penal Code)."
The ruling will broadly affect motorcycle organizations across Texas. At
least seven have posted poker runs on the Internet through March. Charitable
poker runs in the past year have been hosted by motorcycle clubs as well as
police and fire departments around the state.
The poker run that prompted Abbott's opinion was organized by the Blue
Knights Texas XXXI chapter to raise money for Galveston County Deputy Sheriff
MichelRoy, who was injured in April when his squad car collided with a drunken
driver's vehicle.
The Blue Knights is a motorcycle club consisting of active and retired
police officers.
The club's advertised run said riders could buy hands for $10 each with
no limit on the number of hands that could be purchased. At the end of the
run, prizes would consist of $700 for the best hand, $200 for the second-best
hand and $100 for the worst hand.
Event drew complaintGalveston County Criminal District Attorney Kurt
Sistrunk said he received a citizen complaint on the poker run the day
before it occurred. He said he called Blue Knights officers and asked them to
call the event off.
"There was no getting around it, in my estimation, they would be
violating the law if they pursued that event," Sistrunk said.
Blue Knights chapter President D.J. Alvarez said after that call, the
club continued with the poker run, but canceled the cash prizes.
Alvarez said only three or four riders backed out of the Blue Knights run
that weekend, but he said Abbott's ruling will have a serious impact on
charitable poker runs across Texas.
"You have poker runs every weekend," said Alvarez, a lieutenant in the
Galveston Police Department. "They're all for cancer organizations,
charitable organizations."
He said they are especially useful in raising money for injured police or
firefighters.
"Where in a matter of three hours can you raise $5,000?" Alvarez said.
'We can get around it'
While Abbott's ruling specifically addressed the Blue Knights' poker run,
Sistrunk said he reads it to outlaw all such fund-raising activities by
nonprofit groups.
"They're going to have to come up with a different way of collecting
money," Sistrunk said.
One of the biggest poker runs in the Houston area is sponsored by
Competition Motorcycles of Pearland.
Owner Jesse McCulley said his run is meant to promote motorcycling, with
all the money being paid out in prizes. He said he understands that makes it
legal because no one benefits but the riders who participate.
McCulley said Abbott's ruling will negatively affect charity events if
there are no cash prizes for poker runs.
"Some people are going to come out of the kindness of their heart," he
said.
"But let's face it, if you cut out that little piece of cheese at the end
of the trail, participation is going to decline."
Sputnik, chairman of the Texas Motorcycle Rights Association, who does
not use a last name, said he does not believe Abbott's ruling marks the end of
poker runs.
