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Why is Gambling Law So Complicated?
In the United States, gambling is largely governed by state laws. So asking the question — is a specific activity legal? — can involve researching up to 50 answers, even if in many instances the laws of various states can be grouped into categories. Several federal laws also address gambling, sometimes governing activities that cross state lines, and in other cases adding penalties predicated on the violations of state laws.…
The Court holds that Tribal Internet Bingo is illegal, but what if the bet is legal where the customer is located (… and many other unanswered questions for Internet Gambling)?
The Ninth Circuit Court of Appeals has ruled that the “Desert Rose Casino” internet bingo game is illegal: a game operated from tribal lands in California but taking wagers from persons in California located off-reservation. (California v. Iipay Nation, 898 F.3d 960 (9th Cir. Aug. 2, 2018)). Although this conclusion seems obvious, the Court’s decision left open the possibility that if the customers are located in a jurisdiction which permits an internet version of a gambling game, a tribe or person located in another jurisdiction…
Freemium Games: Is the Big Fish Casino decision … Casablanca or Much Ado About Nothing?
The Ninth Circuit Court of Appeals recently held that a plaintiff who played free online games and purchased virtual credits to extend game play could state a claim for illegal gambling under the laws of the State of Washington. Big Fish’s games included traditional casino games like craps, slots and blackjack. The court wrote: “… despite collecting millions in revenue, Churchill Downs, like Captain Renault in Casablanca, purports to be shocked—shocked!—to find that Big Fish Casino could constitute illegal gambling. “ Kater v. Churchill Downs…
Christie v. NCAA: This is Not Just About Sports Betting.
This post is not about sports betting. Just kidding. Of course Christie v. NCAA is about sports betting: whether New Jersey can deregulate sports betting at its casinos. But to the Supreme Court this is largely a case about states’ rights. The federal government and state governments each have their respective spheres of authority. The federal government can regulate activity with interstate impacts (like migratory birds or prohibiting sports wagering using wire communications across state lines), or incentivize a state to adopt or refrain from…
Forget the Political Posturing: California Sports Betting would not violate Tribal rights.
With the introduction of a constitutional amendment to allow sports wagering legislation in California, some California tribal representatives have asserted that doing so would violate their tribal-state gambling compacts: even threatening to withhold compact mandated payments to California if sports wagering is adopted. But this argument is not credible.(1) First, the California Constitution authorizes compacts with tribes to operate slot machines, lottery games, and banked and percentage card games. (2) The Constitution does not provide a tribal monopoly on all forms of wagering against the…