Lee Rousso challenged the Washington state law under the Commerce Act. Under this Act no state can pass legislation that discriminates against a section of any industry. According to Lee Rousso the Washington legislation discriminates against the online casino industry. A person playing poker or blackjack in a brick and mortar casino is considered engaging in a legal activity.
However, the same person playing the same online casino game is considered a felon. Lee Rousso pointed out that the only persons to benefit from making online casino an unlawful act were the tribal casinos regulated by the state. This was because a competing sector was being prevented from operating.
