THE COUGAR IS ALMOST DEAD

[The Cougar]

Several weeks ago a TD had a run in with me outside a venue before a game even started. I was threatened by the TD and subsequently removed from the game and given a 10 week ban.

I presented my appeal against the 10 week ban for saying the f word, whilst not even seated at the table. I was also given the opportunity to explain how I was harrassed and threatened by the TD prior to the game even starting. I provided the names of witnesses who saw the TD threaten me and other witnesses who can support my appeal.

The appeal was heard by Annabelle, the new CEO, so as to prevent any bias, as she does not know me and could deal fairly with the facts presented.

After a lengthy hearing my appeal was dismissed. It was decided the 10 week ban would stay.

I consider a 10 week ban to be excessive and was prepared to cop 3 weeks. So a word to the wise- if you swear inside a NPL event expect to be kicked out of the tourney and cop 10 weeks.

As a result of the threatening behaviour by the TD where I was victimised before I sat down at the table, a breach of the Equal Opportunity Act 1984 (SA) has occurred.

Equal Opportunity Act

The purpose of the Equal Opportunity Act 1984 (SA) is to promote equality of opportunity for all South Australians. It aims to prevent discrimination against people and to give them fair chance to take part in economic and community life.

Types of unlawful discrimination
Not all types of discrimination are against the law. Under South Australia law, particular types of discrimination occurring in certain places are against the law.

In South Australia, it is unlawful to discriminate because of:

disability - physical or intellectual
race
age
sex
sexuality
pregnancy
marital status.

Discrimination laws also cover:

sexual harassment
victimisation
whistleblowing.
Places where discrimination is unlawful
The Equal Opportunity Act 1984 (SA) only covers discrimination that happens in public life, not in private. In South Australia it is unlawful to discriminate in:

employment, including volunteers
customer service
accommodation
selling land
clubs and associations
education
granting qualifications
advertising.
Loss or humiliation
Discrimination is against the law when, as a result, someone:

feels humiliated, embarrassed, ridiculed, denigrated or segregated
is denied access or refused services
loses an opportunity or income.
Time limits
The Equal Opportunity Act 1984 (SA) only covers discrimination that has occurred within the last six months.

Exemptions
Sometimes discrimination that would usually be against the law is allowed under the Equal Opportunity Act 1984 (SA). Exemptions are specific and strict requirements apply.

For more information see Exceptions to the rules.

Related information
Equal Opportunity Act 1984 (SA) - PDF (320kb) (opens new window)
Equal Opportunity Act 1984 (SA) - RTF (547kb) (opens new window)
AustLII website - Equal Opportunity Act 1984 (SA) (opens new window)
New Equal Opportunity Act?
Types of discrimination
Places of discrimination

As a result, I was obliged to seek legal opinion as to whether or not my solicitor considers I have a case against the TD, NPL etc. Such information is private but I would appreciate COMMON SENSE ADVICE FROM FORUM MEMBERS as to what would be a FAIR and REASONABLE outcome for all concerned.

As I have qualified for State Finals, but cannot play because of the ban, I am again being denied an opportunity.

One dramatic action available to me is to take out an injunction against NPL to prevent this event from taking place until such time as my Equal Opporrtunity case is heard. This is not my preferred resolution to this situation but again I will be guided by the thoughts of the forum members.

I WANT CONSTRUCTIVE DEBATE ON THIS MATTER. NO PERSONAL HATE MAIL. IF THERE ARE ANY PERSONAL THREATS TO ME IT WILL BE TAKEN AS A VOTE TO CLOSE DOWN STATE FINALS.

BE CRITICAL- BE SUPPORTIVE but most importantly BE HONEST.

[bennymacca]

cougar, i think you are way off the mark here.

even if you have been discriminated against, the NPL is NOT a service. they are a private company, and they can refuse your patronage for any reason at all - it is their prerogative to do so. sort of similar to bouncers at a venue letting only desirables into their pub - it is their right to screen players.

with regards to your swearing before an NPL event, think of it this way.

put yourself in the shoes of a young 18 year old that knows nothing about poker save for watching rounders, and is interested in giving it a try. he rocks up at his local because he sees the banner outside, and walks in half an hour before start time.

at this point he sees you swearing and generally being intimidating. this new player is not going to register because of the intimidation and the general atmosphere being created by your behaviour.

the NPL needs to protect its product, and this includes before the the the tournament during the registration period - the same rules should apply in the rego time as what they do in the tournament.

is denied access or refused services
loses an opportunity or income.

i am not a lawyer, but in my opinion there is no way that this would stand up.

the NPL is not a service, they are a private company offering a product to private hotel businesses. in addition, the prizes they offer are not a right for you to earn, they are a prize given at the NPL's discretion as an incentive to play.

i would seriously rethink your decision to take legal action, it could cost you a lot of money

[Scotty]

Paul

If you believe this is a legal issue, and have already approached you solicitor about the matter, I can't see how taking a backward step and asking the opinions of unqualified individuals (such as myself) will be of any benefit to you.

[The Cougar]

Thank you for your insight. This is exactly the sort of constructive feedback I was after. As I said "I done the crime (and pleaded guilty) so I have to do the time" My point is- is 10 weeks too much?

I do not wish to go down the legal path, but what gives a TD the right to threaten a player before they have even sat down at a table?

I'm sorry it has gone this far because I repect the players and the way NPL goes about its business. They are the most professional poker outfit in Australia by kilometers, but they should be aware that they have loose cannons running some of their tournaments and as such must be held accountable.

Keep the feedback coming.

[maccatak11]

It aims to prevent discrimination against people and to give them fair chance to take part in economic and community life.

Cougar, you had your 'fair chance to take part in community life, but lost that right when you broke NPL rules.

Your yourself have suggested that 3 weeks would be a fair ban - meaning that you are in essence admitting fault/wrongdoing in this incident.

So are the NPL discriminating in their action of banning you (you have admitted fault here) or is it the length of the ban that constitues the discrimination.

If it is the length of the ban, then where is the line between fair and discrimination i.e. 3 weeks is fair but 10 weeks isn't - is a 5 week ban discrimination?


To me, this again sounds like a last ditched attempt to make state finals. I am not aware of the exact details of the incident that caused the ban (only what has been written on the forum) but it seems to me that the NPL are only enforcing the rules that EVERYONE is made aware of before the begin each tournament.

To attempt to hold the state finals as ransom so that you can play in them is quite a low act in my opinion.

[AceLosesKing]

[Des]

So what you are saying is that I'm allowed to go to the casino, swear at dealers and staff, but still expect to be given service because I'm trying to make an income?

Also I hope you understand that discussing a legal matter on a public forum such as this put your case at risk.

[Darren B]

Paul,

So you feel you have been threatened by this particular TD and being victimised? If this is at all true, dont you think that you would have been suspended the week before the incident. At the final table the week before your so called discrimination you called the TD an "asshole" straight to their face. Now this warranted a liftime suspension in my books but the TD just shrugged it off and I had to tell you to keep your opinions to yourself.
Trust me, if you had of talked to me in that way, you wouldn't be playing NPL anywhere if it were up to me!!
Or maybe the week before that even, where you received two warnings for language and also on that same date refused to leave the table after the break until you were good and ready.
If it were only one incident Paul, maybe you might deserve some sympathy.
You know, I don't remember one day at either the Bremen or the Blue Gums where I didn't give you at least one warning when I was TD at these venues. Correct me if I am wrong, but isn't that the reason you stopped coming to these venues.....because you feel the rules don't apply to you!!
I'm sorry Paul, but accept your 10 weeks and think yourself lucky it is not longer or indefinite.

Sorry for my rant guys but I feel that after this many posts on a closed incident it is starting to smell of victimisation of a TD by a solitary player.

Cheers
Darren

These are just my personal views and in no way reflect those of NPL.

[BigPete33]

As much as I love a good debate (and I really, really do) I think you are being WAY over the top Paul.

This is an incident that has already been dealt with AND an appeal heard and dismissed.

There's just no point in further discussing it and I feel people are only going to get upset.

So let's have everyone put on their happy poker faces which may or may not show any signs of happiness and get back to things as they were.

[Chelsea4thewin]

without knowing the full facts of the incident, its a bit hard for anyone to comment on this matter

to cop a 10week ban for just swearing seems a bit harsh but might be understandable if u threatened someone.

however, NPL will stick with the word of their employees 100%, so i dont think u have any way of overturning the ban