by Hillary LaClair, Senior Editor
March 27, 2009
To the dismay of many online poker players and advocates, a bill proposed by Lee Rousso to overturn the law which makes it illegal to play online poker in Washington, was voted against this week. The ruling was a unanimous decision from the panel of three judges, Stephen Dwyer, Ronald Cox and J. Robert Leach.
Rousso commented, “…I was surprised by the ruling. I thought I had briefed the issues well and presented them well at oral argument. I also thought I had the law right. So I was surprised, but hardly shocked, as it is hard to get a law overturned.”
Rousso serves as the state director for online poker advocate group, the Poker Players Alliance, which consists of over one million online poker players and legislators that support a legalized and regulated industry. Rousso began to combat the anti-gambling laws that prohibit online poker from being played in the state on the first day of the WSOP in 2007, arguing that the law is in violation of the Wire Act and the Commerce Clause.
The judges disagreed with Rousso on a moral basis, writing in the final verdict, “Ultimately, given the importance of the State’s interests in protecting its citizens from the ills associated with gambling, and the relatively small cost imposed on out-of-state businesses by complying with the Gambling Act, Rousso has failed to meet his burden of showing that the Gambling Act is ‘clearly excessive.’”
There are more than 20 casinos in Washington on tribal reservations which accept wagers from the state’s citizens. A great deal of revenue from Washington State Indian casinos go into local improvements to the community, such as repairs to the infrastructure and the building of schools and strengthening of the cultures. Apparently, the only “ills” that are associated with gambling as those of internet gambling.
“I was encouraged that the court accepted my argument that Congress has not given the states ambiguous authority to regulate Internet gambling,” Rousso continued. “That was a big point of disput in this case. Instead, the court found that although Congress has not granted this authority, the state’s interest still outweighs the burden on interstate and international commerce. So the decision was not a total rejection of my opinion.”
“When I filed my case, I thought it would take about two years to get to the Washington State Supreme Court, so I’m right on schedule,” said Rousso who began his fight for the rights of online poker players in 2007. He intends to continue his battle for internet poker gambling, hoping that the court will accept a review of his case because it involves the U.S. Constitution.
“Instead {of an appeal}, as cases go higher, the issues get narrower. I will focus like a laser beam on those points where I think the Court of Appeals got it wrong,” said Rousso.
Rousso refers of course to the national and state lotteries, and other forms of gambling that are legal in the state. It is his belief that the court exercised protectionism of its land-based casinos in their ruling – perhaps due to the revenue generated for the State.
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