STATE ONLINE BETTING LAW TO BE TESTED IN THE COURTS NEXT MONTH

3 August 2007

Washington lawyer has a court date set for September 21

Lee Rousso, the American lawyer and poker player who is challenging Washington state laws against online gambling is to have his day in court on September 21.

Rousso claims that the Washington state ban on Internet gambling infringes the US Constitution’s protections of interstate trade.

Under Washington state law, playing online poker in the state is a felony, and Rousso has lodged a case with the King County Superior Court in an effort to overturn it (see previous InfoPowa report).

Rousso, who is also the Poker Players' Alliance representative for Washington, has secured a court hearing for September 21, and expects to file his next brief by August 24, leaving a month before the hearing.

The Washington law went into effect last June, extending an earlier ban on gambling by telephone or telegraph and increasing the classification of the offence from a gross misdemeanour to a felony. It shocked legal and industry observers as it places online gambling in the same category as criminal child abuse with stringent punitive measures of up to five years in prison or a fine of up to $10 000, although there have thus far been no prosecutions of players.

Rousso's action is not the only trial for the Washington state law. Nick Jenkins, another lawyer, was recently forced to shut down the wagering section of his Betcha.com's wagering section after only two weeks online, yet still has not been charged. He was, however threatened with imprisonment and his betting exchange was raided by the Washington State Gambling Commission, which confiscated computer equipment.

Jenkins has filed litigation requesting a declaratory judgment on the legality of his Betcha.com business model, and his case has be en set down for September 21 as well.

Mainstream and industry media have been quick to point out that almost every other form of gambling available has a niche in the state, suggesting an inequitable and discriminatory posture on Internet gambling in general and online poker in particular.

Online Casino News courtesy of InfoPowa