Barney Frank: Going To Bat For Poker
Barney Frank couldn’t sit at a poker table for an hour without losing interest. He tried at the Democratic National Convention in August. Playing in a tournament set up at Coors Field by the Poker Players Alliance to bring attention to poker’s cause and raise money for paralyzed veterans, Frank dutifully put in a dozen or so hands before passing his seat over to his boyfriend.
Yet, Frank is the most important man in America to any person who values playing online poker. He understands little about the game. To him, third street is the location of the Library of Congress, a calling station is the telephone operator on Capitol Hill, and a full house means there must be important legislation up for vote.
He doesn’t know or care if poker is a game of skill. He doesn’t differentiate poker from blackjack, gin rummy, or any other card game where one can risk money.
What Frank does value are the rights of individuals, and that’s why he has pledged to use his voice in the US House of Representatives to repeal the Unlawful Internet Gambling Enforcement Act (UIGEA) and push legislation to license and regulate online gambling. “I’m not pro-poker, I’m anti-stupid,” says Frank, who represents Massachusetts. “I’m in favor of people doing a lot of things I don’t do. It’s a matter of personal freedom. It’s my fundamental principle that it’s not my business if people gamble, and the government should not be intruding.”
Of course, Frank isn’t the only member of Congress who supports the right to play online poker. Some, like Representative Robert Wexler (D-FL) and Senator Robert Menendez (D-NJ), are more aligned with the PPA premise and support that poker is a skill game that should be separated from other forms of online gambling, such as sports betting. But none of them have the political clout of Frank – a 26-year veteran of the House who heads up the Financial Services Committee – and that makes him poker’s biggest ally in the government. “He’s a senior member with a committee chairmanship,” says John Pappas, president of the PPA. “That brings a lot of gravitas to the issue. Having Barney Frank out in front has really helped build broader support.”
When Frank takes up a cause, he puts behind it all the weight of his bigger-than-life persona. Frank is one of the most charismatic speakers in Congress, with an unusual manner of speech where his “L” sometimes sounds like a “W”, drawing comparisons to Elmer Fudd and leading to a caricature on Saturday Night Live. He’s also not afraid to stand out from the crowd, in 1987 becoming the fi rst Representative to come out as homosexual.
Poker pro Andy Bloch, who met Frank at the charity tournament in August, has long been a Frank admirer from living in Massachusetts for ten years. Bloch is a graduate of the Massachusetts Institute of Technology and Harvard Law. Frank also graduated from and taught at Harvard.
“He’s probably one of my heroes in Congress,” says Bloch. “He’s an absolutely brilliant mind and he’s also at the same time entertaining. He always has something funny to say that he sticks into his argument whether it’s at a congressional hearing or meeting him in person. I have a lot of respect for him as a lawmaker and a person of principle. He’s not a poker player but he’s involved in this because he believes the government should stay out of people’s houses.” Frank opposed the UIGEA when it fi rst came up for discussion in the House. As with most of his colleagues, he was unaware that late at night on September 30, 2006 Bill Frist had sneakily attached the legislation to the completely unrelated SAFE Port Act to ensure its passage. “Frist was, at that point, running for president and trying to appeal to the right wing,” Frank says. “Because somewhere in the bible it says that there shalt not be gambling, except for bingo.” “I thought it was outrageous. It’s totally inconsistent for people talking about being conservatives and not having the government intrude in people’s lives. It also contradicts the view of trying to help businesses because the banking industry hates this and pointed out what a problem it is.”
The UIGEA, which was fi nalized in November after a two-year delay because of opposition from banks, went into effect on January 19th. It prohibits fi nancial institutions from sending money to online sites for use in unlawful Internet gambling. Banks and credit card companies have until December 1st to put in place safeguards to ensure such transactions do not occur before penalties will ensue. Though poker sites are likely to fi nd alternate ways for people to deposit, the UIGEA will make it more diffi cult for the casual player to fund an account. The Bush administration made it a priority to push through the fi nalization of the UIGEA before they left offi ce. “Bush clearly was trying to pay off the right wing religious conservatives who made this such an issue,” Frank says. “(Barack) Obama won’t be doing that. At least we hope he won’t.” Before poker players and the PPA had rallied together to lobby Congress to repeal the UIGEA, Frank was already fi ghting against the legislation. He found it to be an uphill battle with many of his colleagues. “I think it’s just politicians afraid to be seen as pro-gambling,” Frank says. “I think a lot of members don’t oppose gambling themselves but they’re afraid of the criticism if they vote with me.”
Frank is beginning to see a change in their viewpoints, and he credits this to the many Americans who have contacted their Congressmen through phone calls, letters, e-mails and even personal meetings to voice their displeasure with the UIGEA and show that regular people – including many of their constituents – play online poker. A signifi cant movement of support was seen in September when Frank helped the Payment Systems Protections Act pass through the Financial Services Committee. The bill, which would have prohibited the US Treasury department from implementing the UIGEA until the phrase “unlawful Internet gambling” could be clarifi ed, was notable as the fi rst small victory for poker in a Congress sub-committee – though it never came up to vote in the House.
“I think public opinion is in our favor and is beginning to make itself felt,” Frank says. “More and more, politicians are realizing they are going to be criticized if they vote against such proposals. That’s why it’s important for people to continue writing their representatives. The more people complain how unfair this is to people who represent them, the quicker there will be change.” Frank may not be the long-term savior for the American tradition of poker. He makes it clear that he is not concerned about poker becoming legalized and regulated. Mention poker to him and he steers the conversation back to general gambling. None of his bills have labeled poker by name, though neither did the UIGEA.
“He’s not specifi c in the fi ght for just poker,” Pappas says. “I believe that’s been to the detriment of our effort. I think it’s changeable by him if he realizes the political ends aren’t there for everything, but they are for poker. We’ve tried to enlighten him to say the political thing to do is scratch casino games and sports betting and focus on Internet poker. He’s been reluctant to do that as of yet.” The fi rst priority for poker players and the PPA is to repeal the UIGEA, and Frank is leading that charge. As head of the Financial Services Committee, his main focus this year will be the country’s economic problems, but he says that won’t stop him from passing legislation that will erase Frist’s slimy actions from the law books. “Support for changing this is growing,” Frank says. “I think we’re going to be able to overturn this, but it’s going to take a little while longer. I’m going to work on it for the rest of the year.”
