ROUND ONE GOES TO WASHINGTON IN ONLINE GAMBLING ROW

23 November 2007

Challenge to Washington state online gambling ban bogs down on discovery motion


The strategic use of the discovery provision in American law has resulted in a lawsuit challenging the validity of an online gambling ban in the state of Washington bogging down.

The law suit was launched by Seattle lawyer and Poker Players' Alliance representative Lee Rousso on grounds that the state's law making it a Class C felony to gamble on the Internet fails to comply with the Wire Act passed by the federal government, which has never extended criminal liability to the players.

Writing in a PPA appraisal of the challenge, Rousso comments: "First, the state has won the first round in court. The state's strategy, not surprisingly, is to avoid a hearing on the merits of the case. As part of the strategy the state has made what I consider outrageous discovery requests."

Rousso goes on to reveal that lawyers acting for Washington state have demanded unspecified information that is confidential and could compromise his Fifth Amendment rights against self-incrimination. Requests for a protective order from having to produce the information were denied by the King County Superior Court hearing the challenge.

The feisty lawyer is not giving up on the action, however. He has filed an appeal with the Court of Appeals, Division One, and has a contingency plan if that is rejected: "I have a substituted plaintiff lined up who could step into my shoes and pursue the exact same Constitutional challenge to Washington's law," Rousso said. "However, by the time I exhaust my appeals and re-file with another plaintiff, we will be well into 2008."

Washington state permits almost every other kind of gambling available, and many observers believe that the online gambling ban and the draconian penalties it imposes (see previous InfoPowa reports) is nothing more than protectionism of the in-state land gambling industry. Some have gone so far as to suggest that it puts Washington perilously close to violation of the U.S. Constitution's commerce clause, which forbids individual states from passing protectionist laws against other states' business.

Rousso also has a political campaign card up his sleeve, and is mobilising local PPA members to get involved: "I believe that I have an effective strategy in place for changing this state's uniquely oppressive Internet poker law. I will be revealing that strategy to the public on or about Jan. 14, 2008, opening day of the 2008 legislative session here in the Evergreen State," he says.

Rousso is a busy man; he is also supervising the defence of three other Seattle residents in the Betcha.com case. Nicholas G. Jenkins (38); Josie M. Imlay (24); and Peter M. Abrahamsen (25), are scheduled to appear before a Louisiana court early next (2008) year on charges of gambling over the Internet following a sting operation carried out on the Betcha.com site by the Louisiana State Police Gaming Enforcement Division. The operation, and the subsequent extraditon request from Louisiana to Washington (see previous InfoPowa reports) netted the nascent Betcha.com a mere 70 cents, and carries potential penalities of 5 years in prison or a fine of $20 000!

Online Casino News courtesy of InfoPowa