Washington Court Upholds State Online Casino Ban

Lee Rousso was told that he had not proved that the state ban against online casinos violates the Commerce Clause of the Constitution.

A poker player's attempt to defeat a Washington state law against online gambling was dealt a setback yesterday as an appeals court upheld a decision backing the law. Lee Rousso was told that he had not proved that the state ban against online casinos violates the Commerce Clause of the Constitution.

The appeal followed a verdict against Rousso last May in King County court. This time, all three appellate judges agreed that Rousso did not demonstrate significant damage to out-of-state businesses as a result of the law.

The court also supported the value placed b y state legislators on preventing a growth in the social costs of gambling, and wrote in their decision that Rousso has the burden to prove the law does more harm than permittable.

Rousso contends that the appellate decision also rejected many arguments by the state in favor of the law, leaving a further appeal to the state Supreme Court a distinct possibility. He says he knows of no prosecutions under the law.

Poker enthusiasts often challenge the inclusion of poker with casino gambling in Internet cases, arguing that poker's skill component makes it not gambling. But Rousso has pursued this case by contending states do not have a right to limit interstate commerce, as specified in the Constitution.