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Kandu Challenge Ruled an Illegal Poker Game by Kansas Judge
Wed, Oct 14th, 2009 @ 12:00am
A judge in the U.S. state of Kansas ruled Friday that the poker game known as Kandu Challenge is primarily a game of chance, and is gambling. Therefore, it is illegal under Kansas gambling laws.
Judge Timothy G. Lahey rejected plaintiffs Three Kings Holdings, L.L.C. and Cobra Crew, L.L.C.'s argument that Kandu Challenge was predominately a game of skill under Kansas law.
The Judge issued a written decision, ruling that Kandu Challenge contains the lottery elements of consideration, chance and prize, with chance predominating over skill. The judge ruled Kandu Challenge is an illegal lottery under Kansas law so cannot lawfully be played in the state.
In June 2009, the Kansas Attorney General's office, the Sedgwick County District Attorney, the Kansas Racing and Gaming Commission and the City of Wichita issued a letter to the attorney for the Highlands Gastropub & Cardroom located in Wichita Kansas demanding that it stop advertising and conducting a gambling operation, or face possible legal action -- including criminal or civil action.
In response, the business owner, Cobra Crew LLC, and inventors Three Kings Holdings LLC sued, seeking a ruling that the game was mostly one of skill and therefore not illegal.
Shane McCullough, the game's co-creator, had testified that it is a game of skill because players get a peek at the cards for three to five seconds before they are dealt. The state had argued Kandu Challenge is just Texas Hold'em poker with a different name, a different terminology and a few meaningless rule modifications.
The inventors and club owners had sought an injunction to prevent the state from prosecuting them for playing the game. Lahey denied the request, ruling entirely for the state.
Highlands is the only business licensed to offer the game, but other businesses had begun offering the card game at their establishments, according to testimony.
After the ruling, in a statement from Three Kings Holdings, it was stressed that even without Kandu, that the Highlands Gastropub and Card Room is reopening and boasts one of the best restaurants, with one of the best chefs in town. Kandu co-creator Shane McCullough said, "We will also continue to offer No Limit Texas Hold'em tournaments awarding cash on a daily basis!! Come out for our Grand Reopening Saturday the 10th for $2 U-call-its and let us know your thoughts on the case."
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