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Washington Supreme Court Hears Case On Online Poker

The Washington State Supreme Court heard arguments on Thursday regarding the state law that makes playing online poker a felony there.

The case of Rousso vs. State involves the constitutionality of that law, which has been on the books since 2006. Lee Rousso, the Poker Players Alliance Washington state director, bringing the case as an amateur poker player, is arguing that the law should not be allowed under the Washington state and U.S. constitutions. Poker is currently legal in brick and mortar casinos in the state. The state is arguing that online gambling cannot be regulated like live poker can.

The law makes playing online poker punishable by five years in prison and/or a $10,000 fine. No individual player has been arrested or tried under the law.

A decision in the case is not expected for months, although Rousso has stated that he would appeal the case to the U.S. Supreme Court, if the Washington court finds against him.

According to media reports, the justices questioned why the state was making a distinction between online poker and poker played in casinos.

The Poker Players Alliance filed an amicus brief on Rousso’s side, and former Senator Alfonse D’Amato, the PPA chairman, made this statement after the proceedings:

Today’s arguments have provided the court compelling reasons to reverse this ridiculous law. Washington is the only state in America that makes its citizens felons for enjoying a game of poker – even penny ante games – on their own computers in their own homes. This law is not about the legislature protecting the state’s citizens, but rather it is about protecting special interests and tribal casinos from competition. In fact, a recent poll of Washington voters found
that almost 80 percent of voters oppose this law. The court of public opinion has spoken and now the state Supreme Court must strike down this unconstitutional and invasive law.

After the hearing, dozens of members of the PPA protested on the steps of the state capitol, where D’Amato spoke.

Leading up to the hearing, a poll that was released said that four in five residents in Washington oppose the law that makes playing online poker a felony. More than half of the poll respondents thought online poker should be legalized if it were regulated and taxed by the states.

Follow all of the 2010 WSOP at our WSOP coverage page.

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