Battle Over the US Online Poker Ban Heats Up
The battle over the US poker ban or as it’s better know Unlawful Internet Gambling Enforcement Act (UIGEA) is heating up.
The Interactive Media Entertainment & Gaming Association filed a lawsuit against that hopes to get rid of the UIGEA, and oral arguments are scheduled to be heard on September 26. The U.S. Department of Justice has made a motion to dismiss the lawsuit, and in response to this motion iMGEGA has filed its own brief with the US District Court of New Jersey.
The Justice Department request for the lawsuit to be dismissed is based upon two claims. One, iMEGA does not have the legal standing to bring a complaint against the UIGEA, and two, that because regulations for the UIGEA have not yet been created, the law is “unripe” to be challenged.
The iMEGA 50-page response rebuts the Justice Department’s motion for dismissal and can be found in its entirety at their website, www.imega.org. To rebut the claim that iMEGA does not have legal standing, iMEGA’s response shows that iMEGA has met the legally accepted standard for review, that legal precedent has given iMEGA legal standing, and that the UIGEA “directly causes injury-in-fact to plaintiff’s members and the public.”
In response to the Justice Department’s second argument that due to lack of regulations called for by the UIGEA, the UIGEA is “unripe” for challenge, iMEGA stated that according to the Federal Administrative Procedures Act the government itself has made the UIGEA “ripe” for challenging by missing the 270 day deadline for setting up regulations called for by the UIGEA.
These are the main points iMEGA used to refute the Justice Department claims, but the 50-page response goes into greater detail, introducing a large number of sub-points and other evidence to support their right to challenge the UIGEA. Oral arguments will be heard on September 26 before Judge Mary L. Cooper, but before then, the Justice Department, along with its co-defendants, the Federal Trade Commission and the Federal Reserve, must respond to iMEGA’s request for a restraining order that will prevent the UIGEA from going into effect. The deadline for the defendants’ response is September 21.