How Massachusetts Came Close to Banning Online Poker

Indeed, the Massachusetts House voted 106-48 last Thursday against Governor Deval Patrick's Casino Bill that includes a section to criminalize playing online poker or gambling on the Internet, and to fine violators up to $25,000 or a two year sentence.

But the vote could easily have gone the other way, had the governor's office reached out to key interest groups earlier and lined up their support.

MISSED KEY CASINO SUPPORTERS- THE MASHPEE INDIANS

First, the Mashpee Wampanoag Indian tribe proposed an agreement last month that would have assured the tribe a casino in Middleborough in exchange for the tribe's support of Patrick's legislation.

The Mashpee Indians were willing to support Patrick's bill for 2 other casinos, if in turn Patrick would support the tribe's plan to open a casino in Middleborough under the federal Indian Gaming Regulatory Act, and assure the tribe they would have no competition from other casinos in the southeastern part of the state.

However, "an administration official said Friday that with the casino legislation uncertain, they were reluctant to cut a quick deal with the tribe that they may have protracted negotiations with over the next couple of years," according to the Boston Globe.

RACETRACKS COULD ALSO HAVE BEEN TURNED INTO ALLIES

Second, Patrick missed turning racetracks into unlikely allies. Racetracks would most likely oppose supporting competition in the form of casinos.

But as Gary Piontkowski, president of the Plainridge harness track in Plainville commented, if Patrick had amended the bill to include slot machines for racetracks, the racetracks could have found common ground on the bill.

The Globe quoted Piontkowski as saying it was too late. "I'm thinking, 'Where have you guys been for eight months? For eight months we could'nt get a sniff to get it amended. Had this program been inclusive, we could have done something.'"

INABILITY TO ARRANGE VOTE DELAY ENSURED BILL'S FAILURE

The Sunday before the public hearing, US Representative Michael E. Capuano visited House Speaker Salvatore F. DiMasi's house to persuade the speaker to delay a House vote on Patrick's casino bill.

According to the Globe, Patrick has asked Capuano to help negotiate talks with DiMasi after realizing his casino plans were doomed unless he could buy some time to make changes and strengthen alliances.

But ultimately, even with Capuano's extraordinary role as emissary and DiMasi's willingness to compromise on the delay, Patrick could not agree with DiMasi's conditions for the delay: that Patrick ask publicly for a delay to make it clear the speaker was not cutting off debate, and also to admit that DiMasi had enough votes to kill the bill.

CLOSE CALL

So while the final House vote went against Patrick's casino bill, had his office reached agreements with these key groups the vote might have been very different, which is something to be mindful of if one wants to keep online poker de-criminalized.

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