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Originally Posted by Robert Goren
The law as written and passed congress and signed by the president. Never said it was fair, only that it is the law.
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Here's the rub. Nevada sanctions the activity. NJ Will not. There is no state oversight other than current statutes that protect consumers of any other product.
Remember the statute in question is a federal law. NJ Has no obligation to assist the federal government in enforcing federal law.
The federal law definition of the entities to which the law applies are "the term “governmental entity” means a State, a political subdivision of a State, or an entity or organization,in section 4(5) of the Indian Gaming Regulatory Act (25 U.S.C. 2703 (5)), that has governmental authority within the territorial boundaries of the United States, including on lands described in section 4(4) of such Act (25 U.S.C. 2703 (4)),"
It shall be unlawful for—
(1)
a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact, or
(2) a person to sponsor, operate, advertise, or promote, pursuant to the law or compact of a governmental entity,
http://www.law.cornell.edu/uscode/text/28/3704
In numerous places within the Code, the term "government" or government entity is mentioned as the focus of the law.
Since NJ is not sponsoring nor promoting( by definition of the new State Statute) the federal law does not apply.
See the definition of the term "loophole"....
Unless the federal government writes legislation to cover ALL entities, public and private, any injunction sought to stay the NJ law would be moot because the state of NJ is technically not in violation of the federal law. Their hands are clean. And because the law does not apply to the racetracks and casinos, again any action is moot because of the wording of the law.
Now, I can see the pro sports leagues perhaps asking their legal teams to start working to find case law and perhaps file suits in civil court, but they may be concerned about other issues.
Of course I could be wrong on this stuff as I am not an attorney.
I read the text of the law on the above provided link. This is to my understanding.
