In his client's defense, Opendack claimed the city was arbitrarily distingishing between types of gambling. And he was a determined attorney. He initiated a separate lawsuit, attempting to force Carroll /the county prosecutor in 1961/ to seize all punchboards, spindle devices, and sports cards, not just the football cards. To back up his complaint, Opendack provided evidence of seven taverns with open gambling.
Christopher T. Bayley, Seattle Justice: The Rise and Fall of the Police Payoff System in Seattle (Seattle: Sasquatch Books, 2015), ch. 2
Operating spindle, banded, or "jar" type pull-tabs which award only merchandise prizes.
(1) Pull-tab series which award only merchandise prizes valued at no more than twenty dollars may use formats with predesignated pull-tabs where:
(a) Some pull-tabs are free; or
(b) Players are reimbursed for the cost of the pull-tabs.
(2) Flares for spindle-type pull-tab series must indicate the total number of pull-tabs and the total number of pull-tabs designated as free or reimbursable.
(3) Free or reimbursable pull-tabs do not constitute prizes. Operators must not include as revenue money collected and later reimbursed when determining gross gambling receipts.