Online Casino Ban Law to Face IMEGA Court Challenge in July
The Unlawful Internet Gambling Enforcement Act will face challenges on all fronts over the next several months. The law banning payments to online casinos is already expecting a move to repeal it in a Barney Frank bill due in the next few weeks, and now the iMEGA court case against it will be heard starting July 6th.The arguments by the attorneys for the Interactive Media Entertainment and Gaming Association were supposed to be heard by the US Third Circuit Court of Appeals this month, but oral presentations were delayed by a contested addition to evidence.
IMEGA wants the court to include factual record of online state lottery transactions that have been blocked by the UIGEA despite specific exemption granted the lotteries. Both North Dakota and New Hampshire have suffered lost sales due to financial companies having to decide to what the law applies, a major part of IMEGA's complaint that the law should be struck for vagueness.
But the Department of Justice contends that direct evidence the UIGEA is not properly working is irrelevant to the case, and has opposed the additional facts being added to the records. The Court has sent the IMEGA request to its Merit Panel for a decision, and thus scheduled the hearing to begin later than originally planned.
“We’re very happy the Court is moving forward on this, and we’re confident the Court will consider the real-world effect of the law, regardless of the DOJ’s opposition,” said Joe Brennan Jr., iMEGA’s chairman.
Brennan considers the court deciding to judge on the merits of the additional evidence a key boost to the iMEGA case. By judging on the merits, the court disregards technical and procedural loopholes used to defend against pertinent information. The DoJ is opposing the lottery evidence on the basis it occurred after the district court ruling.
