iMEGA's UIGEA Challenge Appeal Hearing is Tentatively Set for July 6

The Interactive Media Entertainment and Gaming Association (iMEGA) and the U.S Department of Justice have just been notified by the Third Circuit Court of Appeals that the hearing challenging the constitutionality of the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA), filed by iMEGA on behalf of the online poker and Internet gambling industry, has "been tentatively listed on the merits on Monday, July 6, 2009 in Philadelphia [Pennsylvania]. It may become necessary for the panel to move this case to another day within the week of July 6, 2009. Counsel will be notified if such a change occurs."

iMEGA's appeal was lodged following a ruling by Judge Mary Cooper (US District Court, Trenton) that established iMEGA's legal standing to challenge UIGEA on the behalf of its members and the Internet gambling industry, but dismissed the constitutional issues raised in iMEGA's challenge without consideration (click here for related article).

iMEGA's case alleges that UIGEA is unconstitutional because it shifts the determination, burden and cost of enforcement onto financial institutions. iMEGA also argues that the 2006 legislation should be 'void for vagueness' and that Congress erred when it declined to define 'unlawful Internet gambling' as they are required. The lobby group contends that Congress cannot delegate this determination banks and credit card companies.

Originally, the Third Circuit had asked iMEGA whether it were available for oral arguments in April, but since then the Court sent iMEGA's motion (to supplement the record with news how state lottery payments were being blocked by cautious Visa and Mastercard) to its Merit Panel for a decision.

The DOJ opposes the motion (with new information on the law's effect) being added, stating that the new information was not submitted to the District Court and that the challenge to the law was not an "exceptional case".

"The panel will determine whether there will be oral argument, and if so, the amount of time allotted for each side. No later than one week prior to the disposition date will you be advised whether oral argument will be required, the amount of time allocated by the panel, and the specific date on which the argument will be scheduled," states the Court's letter.

"We're very happy the Court is moving forward on this, and we're confident the Court will consider the real-world effect of the law, regardless of the DOJ's opposition," said iMEGA Chairman Joe Brennan Jr.

There has been no indication when the Court of Appeals will decide on iMEGA's request to supplement the record. The case is numbered 08-1981 and is entitled "iMEGA v. Attorney-General USA, et al."

KENTUCKY CASE TOO

iMEGA, the Washington, DC-based non-profit lobby group, is also a lead party in another online gambling case, this time against the Commonwealth of Kentucky's Justice and Public Safety Cabinet who is trying to seize 141 internet gambling domain names, including such well know online poker sites as PokerStars and Full Tilt Poker. iMEGA has until June 1st to file its brief in the case.

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