Judge upholds state statute: Playing online poker for money still illegal

Playing poker for money online will remain illegal in Washington state, a King County Superior Court judge ruled this morning.

But the Seattle-area attorney and poker aficionado who filed a lawsuit challenging the state's right to regulate international online gambling said he will press forward to the Supreme Court if necessary.

"There is virtually no public support for this law," said local attorney Lee Rousso as he stood among poker fans in front of the Regional Justice Center in Kent after the hearing today.

He said he expects the issue ultimately to be decided by the U.S. Supreme Court.

Rousso urged the 70 or so members of the Poker Players Alliance (PPA), who were wearing red shirts and holding signs that read such things as, "Poker is a skill game," to write and call their lawmakers demanding changes in the law.

"It's incumbent on each of you to tell your politicians how you feel," Rousso said.

Drew Lesofski, director of the PPA's grass-roots organization, said the law was "ridiculous. ... Poker players are not a threat to society."

The lawsuit was filed last year in response to a 2006 revision to an existing state statute, which passed unanimously in the Senate and with little debate in the House, specifically adding online gambling to the list of electronically transferred gambling activities banned in Washington.

The law also makes online gambling a Class C felony punishable by up to five years in prison and a fine of $10,000. No cases have been prosecuted.

The PPA, which claims more than 1 million members and estimates 800,000 online poker players in Washington, said the punishment is outrageous.

"Subjecting poker players to criminal penalties that are on par with those for possessing child pornography or distributing heroin is unmerited and unfair," said PPA spokesman Taylor Gross.

Rousso, who is also the PPA's state director, said he filed the lawsuit because he loves to play "the great American game of poker" online and because he believes the law violates his constitutional right to do so.

Rousso had asked the judge to find that the statute violates the commerce clause in the Constitution.

He argued the state has no jurisdiction over online gaming, which takes place among individuals from around the world and through companies located on foreign soils.

Assistant Attorney General Bruce Marvin argued that the state's right to regulate gambling falls under its general rights to police its citizens and establish a criminal code. He said the federal government has consistently affirmed its desire to have gambling licensed and regulated by the states themselves.

King County Superior Court Judge Mary Roberts said Rousso had not proven that the state law unfairly protected gambling interests inside the state at the expense of interests outside the state. She also said the state's historically strict prohibition on gambling influenced her ruling.

Rousso said the law was hypocritical and blatantly discriminatory toward the brick-and-mortar card rooms and lotteries authorized and licensed by the state

Rousso said he doubted that all the legislators who voted for the 2006 statute revision criminalizing online gambling were fully aware of what they doing.

He said most would say no if asked, "Do you really want to throw people in prison who want to play poker?"

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com