The United States Department of Justice has issued its response to an appeal filed by the Interactive Media Entertainment and Gaming Association (iMEGA) asserting that the Unlawful Internet Gambling Enforcement Act (UIGEA) is ‘perfectly clear’.
In September, the Third District Court found in favour of iMEGA and ruled UIGEA unconstitutional, overturning an earlier ruling from Judge Mary Cooper. The US Government was then given a deadline by which to respond after which iMEGA would have 15 days to fashion its own rejoinder.
In its response, the Government stated that UIGEA should not be ‘void for vagueness’ because iMEGA did not raise this issue at trial level. In addition, lawyers for the Justice Department stated that UIGEA is not sufficiently vague in order to meet the standard necessary for declaring it unconstitutional.
“It’s hard to believe the Government is making that claim when Judge Cooper herself addressed our arguments regarding ‘void for vagueness’ in her decision,” said Joe Brennan, Chairman for iMEGA.
In it’s 24-page brief, the Government also asserted that iMEGA lacked the standing to represent individual gamblers.
Once iMEGA has responded to the Government’s arguments, a yet to be named three-judge panel will decide when and if oral arguments may be heard from both parties.
“We’re very confident today, after reviewing the Government’s brief, that we are on track for having this law overturned,” said Brennan.
“We’re looking forward to the opportunity, once this fatally flawed law has been dealt with, to work toward a reasonable, common sense approach by our country to Internet gaming, one that above all affirms our rights and their place in the online world.”