Washington State May Revise Heavy Online Poker Restrictions in 2016

Washington State has some of the harshest laws against online poker in the entire United States.

On the national stage, the Unlawful Internet Gambling Enforcement Act (UIGEA) was passed in 2006. At the time, it was a rider on the larger SAFE Port Act, which primarily dealt with maritime commerce, but UIGEA became the force to stop an entirely different industry from operating. The text specifically prohibits “gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law.”

However, it was Washington State’s own independent initiative to classify breach of this law as a Class C felony. The change to Washington law was quickly challenged by professional poker player Lee Rousso, who was making hundreds of thousands of dollars on the online poker tables the week the state law went into effect. The challenge made it to the state Supreme Court, where the law was upheld, forcing companies and players to flee the state.

Yes, playing poker online for cash within the borders of Washington is a felony, punishable by up to five years’ prison time and a fine of $10,000. For perspective: to Washington legislators, it is better that its residents are caught driving under the influence of alcohol, not once, not twice, but up to four times, instead of playing poker online. It is better that residents are found with 39 grams of marijuana on their person, than to play poker for cash over the internet.

In the first legislative session of 2016, Washington state has an opportunity to change these existing draconian laws, and to instead legalize and regulate online poker in the same way three other states have done previously (Nevada, New Jersey, and Delaware). The bill, HB 1114, was introduced on January 13. This law is identical to one introduced in January 2015, which did not gain any support and died in February of that year.