Washington Judge Rules Against Lee Rousso

On the footsteps of the Maleng Regional Justice Center in Kent, Washington, a group of 70 poker players and concerned citizens donning red shirts proclaimed that poker is not a crime. Among them were two poker pros you’ve probably heard of, Barry Greenstein and Andy Bloch. The rally on Thursday was organized by the online poker industry’s lobbying force, the Poker Players Alliance. Inside the court house, PPA State Director Lee Rousso was trying to argue that a law in Washington State which makes playing online poker a Class C felony (the equivalent of being convicted of child pornography) is unconstitutional. Ultimately, Judge Mary E. Roberts ruled in favor of the State. However, Rousso will appeal, which is good news for online poker players through Washington.

Rousso commented after the hearing, “It was great having people come out for the rally. We needed to show politicians that poker players are regular, hard-working, tax paying people and not criminals.” He plans on appealing directly to the Washington State Supreme Court, which should take about six months. His argument on Thursday centered on the Commerce Clause of the U.S. Constitution, which says that Congress will regulate commerce “among the several States.” In order for a state to regulate commerce, it must be granted that right by the Federal Government. The argument for Rousso centered, in part, around whether the State had ever been given such power.

The internet gambling ban in Washington State is among the toughest in the nation. If you’re found guilty of a Class C felony, it is punishable by up to five years in prison and a $10,000 fine. Bloch, like many others, believes it is an overly-severe punishment for playing $0.05/$0.10 hold’em on any of your favorite online poker sites: “Eventually, lawmakers will get some sense. This law is an infringement on civil liberties. You’re not affecting anyone when you play poker in your own home. Lawmakers will learn they’re not going to be able to put a stop to internet gambling; they might as well license and regulate it instead.”

Greenstein noted that, even if Rousso had won, the State would have appealed the decision. He wonders, “Why are lawmakers picking on poker players playing in their own homes?”

The Poker Players Alliance recently topped one million members. The organization is based in Washington, DC, and led by Executive Director John Pappas and former three-time Senator from New York Alfonse D’Amato (who is the PPA’s Chairman of the Board). No cost memberships are available. I’m a PPA member. You should be too. Visit www.pokerplayersalliance.org for more details.