iMEGA Challenges UIGEA's Constitutionality
iMEGA presented its case to the Third Circuit Court of Appeals in Philadelphia in its pursuit to have the UIGEA ruled as unconstitutional.
Lawyers representing the Interactive Media Entertainment and Gaming Association (iMEGA) presented their arguments in front of the Third Circuit Court of Appeals in Philadelphia. The hearing on Tuesday is the latest development in iMEGA's fight to have the Unlawful Internet Gambling Enforcement Act (UIGEA) ruled as unconstitutional. Judges Dolores Sloviter, Thomas Ambro, and Kent Jordan heard from attorneys for iMEGA and the United States Federal Government.
It is unsure when the judges will return a decision but no decision is expected within a month. The average turnaround time for the Third Circuit Court stands at 3 months. The decision could also be further delayed as the judges could decide to defer their decision until Rep. Barney Frank's bills on the UIGEA are acted on in congress.
The arguments put forth in the hearing revolved around three central issues. The first was with regards to where a bet placed online originates from. On this, iMEGA's Executive Director Joe Brennan was quoted as saying, “We argued that the bet took place in another country like Costa Rica. When a person enters into a bet, it comes from an account already placed on the site.”
Attorneys from both side also contended the issue of iMEGA's eligibility to file the lawsuit on behalf of online poker sites and individual members who belong to the association. Brennan commented that he could not tell if the judges would be taking their side on that matter, but noted that the panel did spend more time listening to attorneys from iMEGA.
The third major question that was discussed was with regards to testimony from affected poker players. The benefits of having an internet gambler show up in court had to be considered as they would be required to testify under oath in court. This would essentially result in the players incriminating themselves and opening themselves up to possible civil penalties.
In related news, Rep. Barney Frank who has been a staunch supporter of online poker in congress took time off from his busy congressional schedule to visit the WSOP and get a first-hand perspective of the tournament. The Chairman of the Financial Services Committee was introduced to poker players in the Amazon Room at the Rio in Las Vegas before making the "Shuffle Up and Deal" command to Day 1c of the Main Event.
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