US DOJ Opposes News of Lottery Blocking in Online Gambling Challenge

The US Department of Justice, a defendant in a Federal court challenge to the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), filed a motion opposing the addition to court records of news that state lotteries have had their online sales blocked by credit card companies.

Nicholas Bagley, lead attorney for the US DoJ, wrote, "This material was not before the district court...and is not germane to iMEGA's facial constitutional challenge to the Unlawful Internet Gambling Enforcement Act of 2006. Because this is not an "exceptional cas[e]" that would warrant supplementing the district court record...the government opposes the motion to supplement."

"The regulations didn't exist two years ago when this was brought to the district court," said Joe Brennan Jr., iMEGA's chairman. "The regulations did not go into effect until Jan. 19, 2009, more than two years after they were due, and two years after we filed in district court. Should the government get credit for dragging its feet on this?"

"Now you see the negative effect this law was destined to have," Brennan said. "It has led to over-blocking, even of transactions, like state lotteries and horse racing, that have been given specific exemptions by this law (UIGEA). I know that the DoJ doesn't like to lose, but to suggest that this is not ‘germaine' to the case - how the law actually works in the real world - is simply ridiculous.

Link
US DoJ - Opposition to Supplement Motion - iMEGA v. Holder, et al (PDF format)