iMEGA Case Still in Courts

September 6, 2007

The Interactive Media Entertainment and Gaming Association (iMEGA) is suing the US Justice Department due to the Unlawful Internet Gambling Enforcement Act (UIGEA). iMEGA has asked for a temporary restraining order against the implementation of the Act, and the US government is asking the courts to dismiss their claim.

The US government is asking the online gambling claim to be dismissed as they say that the plaintiff is asking to be protected from something that hasn’t yet happened. They say that they are suing on behalf of people who the US has not prosecuted or threatened prosecution of any of their members, so they cannot sue them. They also say that they cannot be held responsible for events that have not yet occurred as they have not released the supporting regulations for the UIGEA yet.

They were asked to have them done within 270 days of its promulgation, but the US is dragging their heels on it, obviously hoping that this lawsuit will go away before they have to release them. The plaintiff, iMEGA, says that it does not matter to them how long they take, they are willing to wait. They will continue to strengthen their case in the interim.

The suit says that the US is unlawfully restricting “consensual private conduct” and is seeking criminal charges against those that would participate in online gambling which is not only an unconstitutional regulation of states’ rights matters, but it is also inconsistent in its text. Their members are businesses that are related to the online gambling industry in some way and will be affected by the Act.
 

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