Gallatin County v. D & R Music & Vending, Inc.

I respectfully dissent from the majority opinion. The majority first addresses the issue of whether the game played on a poker machine is “poker” as that term is generally known. We all agree that the Montana Card Games Act of 1972 does not define poker but permits the playing of poker.

The majority seems to rely upon two factors in determining that poker machines do not represent the game of poker contemplated by the statute. First of all, the majority notes that the machine does not utilize playing cards but rather electronic images. This distinction is made without reference to this Court’s…