According to the iMEGA website their legal team today filed a brief in US Circuit Court in the US 3rd District (New Jersey), supporting their request for a temporary restraining order against the enforcement of the UIGEA.
According to the brief iMEGA claims that the UIGEA is unconstitutional because it violates first amendment rights of individual states.
“The UIGEA itself is so inconsistent in striking across individual state regulation, sovereign Tribal licensing and sovereign international control of Internet gambling is as to make the UIGEA violative of First Amendment rights,” the brief states. “This inconsistency is nowhere more apparent than New Jersey, which permits the transfer of funds by payment system instrument by computer for the purpose of gambling, without reference to the location of the bet or wager.”
For those wondering who iMEGA represents, there may be some answers in the brief. “Some of its members are individuals or business entities engaged in the business of providing interactive entertainment services to individuals through use of personal computers, both with and without a fee.”
This could mean that they represent offshore gambling operations, or it could mean that they represent affiliates who reside in New Jersey, although there are no specifics stated in the briefing.
The case iMEGA brings to the court is one of the strongest forces against the Unlawful Internet Gambling Enforcement Act. The legal team for iMEGA has done quite a bit of research and believes its case is so strong that they are requesting for an immediate court date based on the strength and merit of its case.
Normally, a case is proposed and then does not see the light of day for months. But iMEGA claims that the UIGEA is so unconstitional and so damaging to those they represent that a TRO against the bill is imperative.