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Awaiting the Supreme Court

The definition of gambling could get a whole lot clearer in the State of Washington this week as the Betcha.com case makes its way all the way through the lower courts and is now, several years later, sitting in the Washington Supreme Court awaiting judgment. The US state of Washington has some of the most out-dated and draconian laws in the country – and these are actually currently laws that the government is actively enforcing as a way to protect the state’s land gambling interests. The online casinos pose a real threat to the land gambling industry and thus Washington is keen on keeping tax revenue high by blocking internet poker and gambling. The Betcha.com case though begs the question: What exactly is gambling?

Betcha.com is a Web site that was launched shortly after the UIGEA banned offshore online casinos from the US market. Nick Jenkins, a Seattle-based lawyer, launched an innovative site that allegedly circumvented the restrictions against betting and gambling in both Washington and the US on the whole. Jenkins consulted extensively with specialists in the field to confirm that his site was not actually a form of gambling – purely because he removed the “risk” factor to the game by allowing bettors to renege on actually paying their bets.

The site didn’t last long before it was targeted for breaking gambling laws related to the online casino ban in Washington State. Each side has now one a court ruling and it’s up to the Washington Supreme Court to decide whether Jenkins is going to face fines for his actions, or whether his business model will receive vindication and validation.