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STATE v. HECKEL

No. 69416-8.

24 P.3d 404 (2001)

143 Wash.2d 824

STATE of Washington, Appellant, v. Jason HECKEL, doing business as Natural Instincts, Respondent.

Supreme Court of Washington, En Banc.

Decided June 7, 2001.

Attorney(s) appearing for the Case

Honorable Christine Gregoire, Attorney General, Paula Lillian Selis, Helen Regina Cullen, W. Stuart Hirshfeld, Assts., Seattle, Jay Douglas Geck, Asst., Olympia, for Appellant.

Van Siclen & Stocks, Robert Craig Van Siclen, Auburn, Dale L. Crandall, Charese Rhony, Salem, for Respondent.

Miller, Nash, Brian William Esler, Richard J. Busch, Seattle, Amicus Curiae on Behalf of Washington Association of Internet Service Providers.

OWENS, J.

The State of Washington filed suit against Oregon resident Jason Heckel, alleging that his transmissions of electronic mail (e-mail) to Washington residents violated Washington's commercial electronic mail act, chapter 19.190 RCW (the Act). On cross-motions for summary judgment, the trial court dismissed the State's suit against Heckel, concluding that the Act violated the dormant Commerce Clause of the United States Constitution.

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