A legal battle is brewing between law enforcement officials and a Northeast Wichita cardroom.

KAKE News reported last week on a new card game called 'Kandu' that's come under fire by Attorney General Stephen Six, District Attorney Nola Foulston, Wichita City Attorney Gary Rebenstorf, and the Kansas Racing & Gaming Commission.

Highland's Gastropub & Cardroom on N. Rock Road introduced the game to patrons last year. It is similar to Texas Hold'em, a poker game that is illegal in Kansas if played for money.

But unlike poker, one of the game's inventors says Kandu is about skill -- not chance.

Pub co-owner Shane McCullough says players are allowed to view all the cards in the deck face-up for a few seconds, then given the option of whether or not to participate. McCullough says seeing the cards allows players a chance to memorize the lineup.

But the state's Attorney General disagrees. In a cease and desist letter sent to McCullough's attorney last week, Six called the game's rules "a sham," and wrote: "Even the most exceptionally gifted and trained people in the world do not have the ability to memorize a deck of cards in a three second flash."

Six also alleged the rules meant to make Kandu a game of skill were being loosely applied.

McCullough immediately agreed to pull the card game from his pub's tables. But the move has come at a cost. McCullough says business is noticeably down. Even the pub and restaurant side of Highland's has taken a hit.

"Worst case scenario, this could shut us down," McCullough said Wednesday afternoon.

McCullough's attorney, Paul Good, filed a petition late last week asking a judge to allow the game to be played while the case works its way through court. According to the petition, "Kansas does not prohibit wagering on games of skill, such as chess or golf."

McCullough says he only wants a chance to show officials why Kandu falls into that same category.

"In order to make the game a contest of skill... you had to eliminate the problem that you can't predict the turn of the card," McCullough said. "I look forward to the opportunity to get in front of those individuals and change their opinions."

McCullough says members of the Wichita Police department have come in and seen the game played, but never indicated they thought it was illegal.

McCullough says he's heard it described as "barely legal."

"But barely legal is like saying barely pregnant," McCullough said.

McCullough says he and the cardroom's other co-owners have been open and transparent in their operations, knowing the new card game might stir concern.

Calls to the District and City attorneys Wednesday were referred to Attorney General Stephen Six's office. A spokesperson said the Attorney General could not comment on pending litigation, but that his office still believed the card game to be illegal. Six's letter to McCullough's attorney indicated criminal prosecution would be possible if the cease and desist order was ignored.

A judge is set to hear from both sides next Friday.