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Washington State Ban on Online Poker Upheld

by PokerPages.com
Fri, May 16th, 2008 @ 12:00am

Lee Rousso presented his arguments yesterday in court regarding the unconstitutionality of the state of Washington's ban on playing online poker, but the judge did not agree, so the ban making playing online poker a Class C felony remains in force.

The state ban, which was passed in 2006, prohibits Internet-based card games such as Texas Hold'em that poker players in Washington have used to qualify for large prize pool tournaments played both live (like the World Series of Poker) and online.

Other persons convicted of a Class C felony in the state of Washington include those guilty of possessing child pornography, stalking, drive by shootings, threatening the governor, family abandonment, heroin possession, unauthorized abortions or committing grand theft auto. The same punishment for playing online poker has been criticized as excessive by many state residents.

Lee Rousso, lawyer, former gubernatorial candidate and Poker Players Alliance (PPA) regional director for the state of Washington, originally filed the lawsuit on the first day of the 2007 World Series of Poker Main Event, and has traveled a long legal road to finally get his day in court.

In defense of the ban, Lawmakers claimed the ban was passed to make the state compliant with the Federal Wire Act that prohibits online sports gambling.

Rousso says the ban doesn't put the state in compliance with the Federal Wire Act as it claims to do. He claims that instead, it protects Washington's own in-state gambling industry, which includes live card rooms and casinos that contribute to state revenues, from online poker competition. Thus it violates the Commerce Clause contained within the constitution which prohibits individual states from enacting laws that discriminate against interstate businesses.

State attorneys expressed their pleasure with the judge's decision to uphold the online ban.

Just before the hearing, Rousso told Phyllis Fletcher of KUOW NEWS that should he lose in court after his arguments were heard, that he would appeal the verdict.

After the negative verdict was delivered, Rousso remained optimistic, saying, "Even though it was a loss today, I still think some good things will come of it."

The Poker Players Alliance (PPA) had organized a rally immediately following the hearing to show their support for Rousso's efforts. Approximately fifty people, including professional poker players Barry Greenstein and Andy Bloch, attended the rally along with a number of media outlets.

Read Related Articles:

  • Today PPA Rallys to Support Challenge to Online Poker Ban in Washington State
  • Washington State Online Poker Gambling Court Date Now May 15
  • Washington State Online Poker Ban Legality Challenged
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