iMEGA responds to dismissal motion

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iMEGA continues its case against the Unlawful Internet Gambling Enforcement Act.

This week, the Interactive Media Entertainment & Gaming Association filed its response to the U.S. Department of Justice's motion to dismiss the association's lawsuit against the Unlawful Internet Gambling Enforcement Act.

iMEGA filed a lawsuit against the UIGEA because it feels that regulation of the online gambling industry would be far better for preventing problem-gambling issues than a ban will. The association's intent is to encourage the regulation and taxation of the industry by fighting the UIGEA in court.

The defendants in the case - the U.S. DOJ, Federal Trade Commission and Federal Reserve - put forward a motion to dismiss the case claiming that the law is "unripe" for this kind of challenge because the rules and regulations of the new law have not yet been created.

In accordance with the deadline set up by Judge Mary Cooper, iMEGA's legal team filed its brief with the U.S. District Court in New Jersey to respond to the motion.

According to the iMEGA Web site, the association's attorneys have provided ample evidence of precedent for the organization acting on behalf of its members and for the potential jeopardy of prosecution the new law puts some of iMEGA's members in.

The attorneys contend that it is not necessary to wait for one of iMEGA's members to be prosecuted before the law may be scrutinized by the courts. They also face loss of revenue because of the new law.

The brief also points out that the defendants have only addressed the issue of free speech in their argument for dismissal, but iMEGA also believes there are fundamental issues involved related to the invasion of privacy rights.

Another point brought up in the brief is that the United States has already admitted that the UIGEA violates international trade laws. By choosing to amend its trade agreements with the World Trade Organization rather than change the laws, the nation has acknowledged it is in the wrong.

The next step in the case is for the defendants to respond to iMEGA's request for a temporary restraining order that will prevent the UIGEA from being enforced before the case can be properly heard in court.

The DOJ has until Sept. 21 to respond to the request.

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