CDI sues Texas - Horse Racing Forum - PaceAdvantage.Com

raybo · 09-25-2012, 01:01 PM

CDI has filed suit against the Texas Racing Commission, regarding the internet gambling laws which make it illegal for any wagering activity, other than "in person" at a track or simulcasting location, saying it violates the U.S. Constitution. The TRC's own by laws state that if a Commission ruling is at odds with the Constitution, the Commission must adhere to the Constitution.

This law is obviously un-Constitutional and the fact that the Commission has never enforced the law, against a Texas resident, only substantiates CDI's contention that the law is both un-Constitutional and violates interstate commerce laws.

Maybe this will make the Commission, and the state, take a more serious look at what they have tried to do, force all wagering to be made at a track or a simulcasting facility, whether wagering on in-state tracks or out of state tracks.

Here's the link:http://www.bloodhorse.com/horse-raci...wagering-rules

Dave Schwartz · 09-25-2012, 07:32 PM

An old client of mine from Texas actually defended a guy who was arrested as a bookmaker for taking like $70 worth of bets to LAD from Texas. He was arrested with a pocketful of "betting slips." (i.e. instructions: bet $10 on #4, etc)

He eventually got the thing pleaded (??) down to a misdemeanor but the guy was barred from TX tracks for life.

I swear this is totally true to my knowledge!

mannyberrios · 09-26-2012, 07:49 AM

Go get em, CDI

raybo · 09-26-2012, 08:08 AM

Quote:

Originally Posted by Dave Schwartz

An old client of mine from Texas actually defended a guy who was arrested as a bookmaker for taking like $70 worth of bets to LAD from Texas. He was arrested with a pocketful of "betting slips." (i.e. instructions: bet $10 on #4, etc)

He eventually got the thing pleaded (??) down to a misdemeanor but the guy was barred from TX tracks for life.

I swear this is totally true to my knowledge!

Yeah, there have always been bookmakers in Texas, just a call away, and when caught they are prosecuted. But, Texas is a true "gambler's" state, always has been, always will be. It's also full of religious fanatics wanting to tell everyone else what's right and what's wrong, and there are enough of them to garner quite a bit of political weight. But, people's rights, under the U.S. Constitution, are still people's rights, even in Texas.

I seem to remember, in the Old Testament, a man being commended for increasing his wealth through gambling. After all money is just money, we earn it, we ought to be able to spend it any way we want.

Robert Goren · 09-26-2012, 09:28 AM

I wonder why CDI chose Texas. There are plenty of states that ban internet betting on horse racing. In fact there is bunch that betting on horse racing period. As much as I would like to see CDI win this suit, I doubt that they will.The State Rights groups will out in force supporting Texas.

raybo · 09-26-2012, 10:56 AM

Quote:

Originally Posted by Robert Goren

I wonder why CDI chose Texas. There are plenty of states that ban internet betting on horse racing. In fact there is bunch that betting on horse racing period. As much as I would like to see CDI win this suit, I doubt that they will.The State Rights groups will out in force supporting Texas.

Money! I tried, in another thread, to let people know how much money in Texas is spent on gambling, but obviously nobody believed me. Well, it seems that CDI has experienced the results of many ADWs banning Texas members, due to the state's law on internet gambling. Seems apparent that losing all that Texas money in the pools is hurting their bottom line more than the other states with similar laws. I'm sure the fact that the TRC's own bylaws state that they must default to the U.S. Constitution regarding conflicts, made Texas a more vulnerable target, also.

As I said, Texas is a huge gambling state (just ask Doyle Brunson and those old time poker players from that group), and has been forever, it's just that the state has, more often than not, decided that they could force the opinions of the "holier than thou" segment on everyone else here.

Real Texans, not the "wanna bes" don't care much for government, and the previously mentioned segment, telling us what we can do with our hard earned money. We pay our taxes just like they do, that oughta be enough.

precocity · 09-26-2012, 02:19 PM

exactly rabo don't want to lose that money from texas and like I stated in another thread if you go to louisiana all the casinos is full of texas license plates on the cars when you park. now closer to texas is oklahoma that has 2 casinos about 1 hour drive same thing nothing but texans gambling every where? I think lone star park has warmed out its welcome because real gamblers want to bet on real tracks not 7500 claimers. that's why a lot of real horse player that live in texas bet twin spires and best believe they don't want to lose that money..haha bible belt my azz texans will bet on to poodles running down the street

and yes I live in dallas tx!!!!!

raybo · 09-26-2012, 03:54 PM

Quote:

Originally Posted by precocity

exactly rabo don't want to lose that money from texas and like I stated in another thread if you go to louisiana all the casinos is full of texas license plates on the cars when you park. now closer to texas is oklahoma that has 2 casinos about 1 hour drive same thing nothing but texans gambling every where? I think lone star park has warmed out its welcome because real gamblers want to bet on real tracks not 7500 claimers. that's why a lot of real horse player that live in texas bet twin spires and best believe they don't want to lose that money..haha bible belt my azz texans will bet on to poodles running down the street

and yes I live in dallas tx!!!!!

True! If it wasn't for Texas gambling money, there wouldn't be any tracks left in Louisiana, or Oklahoma, in my opinion. Maybe no casinos either. Guess they'd go to Mexico next, huh?

Yeah, I used to live closer to Grand Prairie/Lone Star Park, but moved to Cedar Creek Lake (Gun Barrel City) several years ago, to retire where living is cheaper (a lot cheaper), 80 miles to Lone Star is not a viable option for me. Texas is a very large state, there are, literally, many hundreds of thousands of Texas gamblers that live too far from 1 of the 3 thoroughbred tracks in the state to justify making the trip more than once or twice a year. Texas, and every other track in the country is missing out on many millions of Texas dollars every year.

ceejay · 09-26-2012, 04:03 PM

Quote:

Originally Posted by raybo

This law is obviously un-Constitutional and the fact that the Commission has never enforced the law, against a Texas resident, only substantiates CDI's contention that the law is both un-Constitutional and violates interstate commerce laws.

I am not a constitutional lawyer. Are you?

It seems to me that I that the current Supreme Court has effectively gutted the commerce clause. Considering that there is precedence for gambling regulation on the state level and the 10th amendment unfortunately I'm not so sure that this law would be found unConstitutional

precocity · 09-26-2012, 06:24 PM

cee jay and mr P.A . DONT THINK IM B.S. I LIVE IN TEXAS AND USE T.S. AND GOT a CALL from a person IN THE KNOW! don't know how it will play out but they are willing to go all the way to the supreme court if that's what it takes? and please don't ask my source! and a side note to legalise par mutual racing for texas residents to bet on texas tracks.will see.

RainMan · 10-01-2012, 06:48 PM

What is a realistic timeframe for a case like this to work its way through the system? Or, what is the soonest that a decision could be reached or an agreement worked out between TS and TX.

raybo · 10-01-2012, 07:38 PM

Quote:

Originally Posted by RainMan

What is a realistic time frame for a case like this to work its way through the system? Or, what is the soonest that a decision could be reached or an agreement worked out between TS and TX.

Who knows? The state of Texas may fold early, knowing that they are actually wrong regarding the Constitution, and that they will likely lose, if CDI is serious in their threatening to take it all the way to the Supreme Court.

On the other hand, if they suspect that CDI will not stay with it, they might just try to draw it out hoping CDI will give up eventually.

This whole thing can become a huge mess very easily, as it has far reaching implications. Hard to say how long the process will take, or what the final outcome will be.

My personal opinion, is that Texas knows they are wrong, but figures nobody will challenge them on Constitutional grounds and stay the, very costly, course all the way to the Supreme Court. So, I don't expect anything to be resolved soon, one way or the other.

I can wait, I'll just keep boycotting all Texas tracks, and keep betting, through my ADW, on out of state tracks.

mannyberrios · 10-01-2012, 09:03 PM

Quote:

Originally Posted by Robert Goren

I wonder why CDI chose Texas. There are plenty of states that ban internet betting on horse racing. In fact there is bunch that betting on horse racing period. As much as I would like to see CDI win this suit, I doubt that they will.The State Rights groups will out in force supporting Texas.

What ever!

raybo · 10-01-2012, 09:33 PM

States rights groups be damned. If the law violates the U.S. Constitution, and, the TRC's own by laws say that they must yield to the U.S. Constitution, they have a very uphill battle in front of them.

JustRalph · 10-01-2012, 11:23 PM

Being new to North Texas, this "wanna be" Texan wishes them luck.

I'm 35 miles from Lonestar. Planning to check it out soon