Although no official press statement has yet been widely distributed by either the Interactive Media Entertainment & Gaming Association (iMEGA) nor the Poker Players Alliance, according to recent articles from sites like Pocket Fives and Gambling 911, the long awaited Third Circuit Court of Appeals ruling on iMEGA’s most recent attempt to get the Unlawful Internet Gambling Enforcement Act (UIGEA) overturned, has come in with somewhat mixed results.
Upon initial reading of the Court’s 10 page decision, it becomes clear that most of iMEGA’s arguments as to why the UIGEA should be struck down, such as that it violates the First Amendment, ignores treaties and is to vague to be reasonably followed, were summarily dismissed, however, in the wording there is perhaps some reason for celebration for pro-gaming advocates.
Numerous times throughout the judgement it is reiterated that the UIGEA does not itself outlaw any gambling activity and thus seems to leave the perceived illegality of internet gambling to the specific state in which the player resides while making the wager, 44 of which have no clear laws against online poker.
By clarifying the position that the UIGEA hinges upon individual state laws, the Third Circuit Court’s decision, though ultimately upholding the UIGEA, in a sense officially renders it moot for the majority of Americans (as least that seems to be the general impression based on initial interpretations).
To read the summary judgement, courtesy of Gambling 911, click here.