Updates on Lee Rousso vs. State of Washington

November 15th, 2007

The Poker Players Alliance will be posting accounts of PPA members defending poker in their state. Here is the latest information from Lee Rousso, PPA State Representative of Washington, who is filing legal action against the State of Washington.

Press Release | Official Complaint | Track News



11/15/07

Here is an overdue update on the situation here in Washington state.
 
First, the state has won the first round in court.  The state’s strategy, not surprisingly, is to avoid a hearing on the merits of the case.  As part of that strategy, the state has made what I consider outrageous discovery requests.  Unfortunately, the King County Superior Court did not grant my request for a protective order or give me any other relief.  I was surprised and disappointed, but it’s worth remembering that a court is like a casino: anything can happen. As a result, I have filed an appeal with the Court of Appeals, Division One.  If I do not get some relief from the Court of Appeals, it may be difficult to go forward, as the state is demanding information that is confidential and/or implicates my Fifth Amendment rights against self-incrimination.
 
The good news is that I have a substituted plaintiff lined up who could step into my shoes and pursue the exact same consitutional challenge to Washington’s law.  However, by the time I exhaust my appeals and refile with another plaintiff, we will be well into 2008.
 
My original plan was to get the court case heard prior to the 2008 political season, so that we could decide if a political strategy was necessary.  Given the events that have transpired, it appears that I have no choice but to make a political issue of the internet poker law.
 
I believe that I have an effective strategy in place for changing this state’s uniquely oppressive internet poker law.  I will be revealing that strategy to the public on or about January 14, 2008, opening day of the 2008 legislative session here in the Evergreen State.  Meanwhile, I’m hoping Washington state PPA members will help me organize the effort.  I hope to meet with volunteers the weekend of December 15-16, 2007.
 
That’s all for now,
 
Lee Rousso
Washington State Representative of the PPA



09/05/07

The lawsuit has taken a small detour, but it is not one that has me too
worried.
 
The bottom line is that I am in more of a hurry than the State to get this
heard.  Even though the lawsuit in purely legal in nature, the State has claimed
it needs to gather facts (conduct discovery), which has so far slowed things
down one month.
 
Last week the State served me with interrogatories (that’s legalese for
“questions”) that were completely outrageous and inappropriate.  Instead of
seeking information related to my consitutional challenge, the State is
attempting to collect information so that it can charge me with a crime. 
Actually, it’s pretty appalling behavior on the part of the Attorney General’s
Office.
 
I’m hoping the court won’t put up with this nonsense.  Next week I will be
filing a motion asking the court to strike the State’s interrogatories, close
discovery, and set a hearing date of October 26, 2007.  I will also be asking
the court to impose sanctions on the State for bad faith conduct of litigation. 
Allyn Shulman is helping me with my response to the State.
 
If I get the hearing date I am requesting, I will have to file my brief by
September 28th.  I think my consitutional arguments are rock solid, so the brief
should make pretty good reading for PPA members.  I will forward a copy, of
course.
 
That’s all for now.  The motions next week might get some media attention. 
I think the actual hearing will get a lot of media attention.  If we win it will
make the front pages, of course.
 
Thanks,
Lee Rousso

07/27/07

  
You may want to post this link to an interview I did for a local rock
station.  My interview begins at about the 30 minute mark of the podcast.
 
I got tremendous support from the on-air personalities.  I also got in a
plug for the PPA.
 
All for now, 
Lee Rousso


07/17/07

I have reserved a hearing date of September 21 for my lawsuit.  (That was the earliest date available on the judge’s calendar)
 
I will be submitting my brief on or before August 24.  It should make pretty good reading.
 
All for now,
Lee Rousso



 
07/13/07

First, the story has been getting tremendous coverage, locally, nationally and internationally. (click here to search)
 
Second, I have been doing the local radio talk show circuit.  The public support has been amazing.  Both on the left and right, on-air personalities and callers have been unanimous in condemning the law and supporting any action against it.  In other words, even if the lawsuit does not prevail (though I think it should), we have seized the upper hand in the political debate.  I think the chances of getting legislative relief have improved pretty dramatically.
 
Third, I am trying to get the case heard on an expedited basis.  I am aiming for an August 31 hearing date, although I haven’t reserved that with the court yet.  That would require that I submit my brief by August 3.  The court could rule from the bench on August 31 and follow that with a written opinion, or the court could make us wait for the writing.
 
So far, so good,
Lee Rousso

Author Contact Info: Lee Rousso