Starting back in 2008, Attorney Lee Rousso has been
trying to get the a 2006 amendment to the 1973 Gambling Act stricken
from Washington State law books. The road has been thus far
unsuccessful. His first attempt was shot down by a King County Judge.
According to that ruling Russo failed to prove that the law was
protectionist, discriminatory and in direct violation of the United
State Constitution.
A victory in this case would have been a big
success for online casinos. Many are still waiting for the federal
government to overturn the Unlawful Internet Gambling Enforcement Act
and regulate online casinos in the United States. However, there are
others that believe that gambling has always been a state issue and the
future of online casinos rests with state legislation. That is the
battle that Rousso is fighting. Rousso is also a representative of the
Washington State Poker Player’s Alliance.
Yesterday marked another disappointment for Rousso
when the Washington State Court of Appeals also rejected that the 2006
amendment violated the United States Constitution.
Back in 2006 an amendment was added to the 1973
Gambling Act that clearly names the Internet as a mode of receiving or
transmitting banned gambling information. The law also upped such
activity from being a misdemeanor to being a Class C felony.
The court of appeals stated in their decision:
“Ultimately, given the importance of the state's interest in protecting
its citizens from the ills associated with gambling, and the relatively
small cost imposed on out-of-state businesses by complying... Rousso has
failed to meet his burden....”