US State Law Overview
This is a basic state law overview, with regard to online gambling. In light of recent activity, this seemed like a good time to remind everyone what is going on in the United States. In the past the United States of America was one of the largest online gambling markets. With the enactment of the Unlawful Internet Gambling Enforcement Act of 2006, this changed, quickly. For years the states have been approaching the online gambling issue. Each has devised a unique approach to the issue
With ongoing court cases, several of the states have instituted a felony charge on the state level legislation, creating obstacles for person freedoms. At the moment, the most well known is the Lee Rousso vs. Washington State court case. This is getting international attention as the Lawyer and Poker Player Alliance Representative is fighting the law that the state of Washington passed to make online gambling a felony offence, even though there are brick and motor casinos in various locations of the state. Washington is online one of 8 states total who have chosen to make online gambling and online poker rooms a prosecutable offense. Here are the 7 other violators of personal freedoms - Illinois, Indiana, Louisiana, Montana, and Oregon, South Dakota, Wisconsin. All of these have some kind of law prohibiting online gaming. 5 of the 8 have passed bills making it a felony; the other 3 are misdemeanors, with steep fines. All of these states have some form of gambling that is legal, and some in contrast to the Wire Act of 1961. This is an act the government likes to quote when discussing online gambling, however the only statue that has held up in court is sports betting, which is protected by the UIGEA.
In several of these states it is being argued that these laws were put into place to protect the interest of local casinos, and state sponsored lottery. Time and the justice system will make final clarification of the legality and constitutionality of the laws that violate simple personal freedoms.
