iMEGA Contests DOJ Motion in Sports Betting Challenge

Oct. 4, 2010 - Attorneys for iMEGA  are contesting a motion made by the US Department of Justice that seeks to dismiss iMEGA’s challenge to the Federal law prohibiting the expansion of state-regulated sports betting.

iMEGA, along with counsel for New Jersey State Sen. Raymond Lesniak and Senate President Stephen Sweeney, filed the brief with the US Circuit Court. Their lawsuit, iMEGA, et al v. Eric Holder, Attorney-General of the United States, seeks the overturn of the Professional and Amateur Sports Protection Act (PASPA) of 1991, a Federal law which limits state-licensed and regulated sports betting to only four states: Nevada, Delaware, Montana and Oregon.

According to PASPA, none of the other 46 states may enact sports betting legislation, which iMEGA, Lesniak and Sweeney say is an unconstitutional intrusion by the Federal government into a matter - the regulation of gambling - which is reserved for states to determine.

“We’re confident the Court will refuse government’s motion,” said Joe Brennan Jr., iMEGA chairman. “We’ve already settled the question of our standing, which was recognized and confirmed in previous Federal court cases.”

Brennan pointed out that, ironically, the DOJ opposed PASPA when it was making its way through the US Congress in 1991, for exactly the same unconstitutional limits it created for state-regulated gambling.

“The DOJ has quite a knot to untie here,” said Brennan. “How can it now uphold a law it said was unconstitutional when it was enacted?”

The US Circuit Court is expected to rule on the motion before the end of the year.

Link

Brief: Opposition to DOJ motion - iMEGA, et al v. Holder, et al

Exhibits: Opposition to DOJ motion: iMEGA, et al v. Holder, et al