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iMEGA Has Room for Appeal

Although the Interactive Media Entertainment & Gaming Association (iMEGA) essentially lost its court case against the Department of Justice concerning the UIGEA (Unlawful Internet Gambling Enforcement Act), the Judge gave the Association enough credibility and standing to bring the case before an appeals court. The presiding Judge on this landmark case for the online casinos gambling industry, New Jersey District Judge Mary L. Cooper, ruled that while the courts could not alter legislation that legitimately passed through Congress, iMEGA could use an appeals court to question the UIGEA’s constitutionality.

The Department of Justice argued the case with the logic that the UIGEA and ban on online casinos gambling transactions were not yet fully in effect (the proposed regulations are under intense scrutiny at this point), so iMEGA actually had ground to stand on when requesting the court to suspend the Act’s authority.

iMEGA had several key issues in the Associations case against the UIGEA and online casinos gambling ban, the main concerns against the Department of Justice, concerning the legitimacy of the Act were ruled in favor of the government. Judge Cooper commented that while her court was not able to pass a ruling on constitutional issues, claims that the UIGEA block “Free Speech’ rights are in fact invalid. Judge Cooper noted that "The acceptance of a financial transfer is not speech. As the UIGEA does not impact expression, it does not come within the purview of the First Amendment.”

But even with that comment, iMEGA is able take this online casinos gambling issue another step further – to the U.S. appeals court.