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Use probabilities to make fair decisions

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Problem

A standard deck of cards has 52 total cards divided evenly into 4 suits — there are 13 clubs, 13 diamonds, 13 hearts, and 13 spades.
Ayana and Emil are playing a game that involves drawing 2 cards from a standard deck without replacement to start the game. If neither of the cards are spades, then Ayana goes first. Otherwise, Emil goes first.
Is this a fair way to decide who goes first? Why or why not?
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