Last Summer, Greer police arrested a group of friends for playing poker, because state law considers it gambling. An attorney now hopes a judge will decide the law is unconstitutional.

The state law considers any game with cards or dice gambling, even if money is not exchanged.

It's what a lot of people do for fun- pull out the cards and the chips for a low-stakes game of poker. Sixteen friends chipped in some money for a game at the Brushy Meadows clubhouse in Greer in August 2005.

"Friendly game at a private clubhouse," says attorney Jeff Phillips. "About 16 people total entered. They each paid 100 dollars to enter." They paid an even higher price when Greer Police raided the party inside, searched them and slapped the cuffs on them.

Here's why Greer Police busted up the poker game. A South Carolina law, written in the 1800's says it's illegal to play any game with cards or dice. If you're caught, you can go to jail for up to twelve months and pay a $2,000 fine for every offense.

Jeff Phillips represents five of the men who were arrested for gambling. "This was their Saturday afternoon entertainment and enjoyment. Instead of playing golf, they played poker," Phillips said.

Some of the men charged have paid their fines, but Phillips says his clients believe it's wrong for poker to be illegal, and he thinks the law needs to be changed. Phillips thinks their Texas Hold 'Em game is nothing like video poker, which is also illegal in this state.

His opinion is video poker is strictly a game of luck, regular poker isn't. "It's a combination of luck, but also requires a great deal of skill. And over time, the more skillful player will wins," Phillips said.

Phillips hopes a judge will overturn the old law, as unconstitutional and throw out the case. It's possible state lawmakers will take a second look at the law.

Until then, you're taking a big risk making a friendly wager across the table.

"I hope when they do revisit it," Phillips said, "that whatever they decide is prohibited activity and allowable activity- that they make it clear that it's okay to play poker in your house if you'd like."