iMEGA files notice in UIGEA lawsuit

Hands tied

The Interactive Media Entertainment & Gaming Association filed notice in the Third Court of Appeals on Tuesday challenging the dismissal of its lawsuit against the Unlawful Internet Gambling Enforcement Act.

The notice is a preliminary step for iMEGA before it files a full brief regarding its appeal. The notice was filed by Eric Bernstein, iMEGA's chief counsel, and a copy was sent to Assistant U.S. Attorney Jacqueline Coleman Snead of the U.S. Department of Justice's Civil Division in Washington D.C.

iMEGA's lawsuit is based on its belief that the UIGEA is a bad law and violates Americans' constitutional rights because it prevents them from engaging in their fundamental right to conduct their lives however they wish to.

The UIGEA prevents people from exercising that right because it is designed to stop online gambling by preventing the electronic processing of money from financial institutions and credit cards to or from online gambling sites.

In early March, U.S. District Judge Mary Cooper dismissed the lawsuit based on her finding that the UIGEA had been legally enacted and doesn't violate the Constitution.

"We believe Judge Cooper missed the opportunity to affirm Americans' online privacy rights and we plan to appeal to the Third Circuit Court of Appeals," Bernstein said when the ruling was release.

In her ruling, Cooper did give iMEGA legal standing to challenge the UIGEA. As an association acting on behalf of its members who could potentially be affected by the UIGEA being implemented, iMEGA has the right to continue an appeal or possibly file a new action against the law on different grounds.

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