Think outside the "ban" box.

[Stashua]

Most question the constitutionality of the gambling ban based on my reads of this and other forums.

Forget the breastbeating that free speech is involved, and that this is a "right".

Use current law to get this declared unconstitutional.

The Americans with Disablities Act does just that. Find people who claim they are homebound and are not able to go to B&M casinos (now legal in most jurisdictions)...and that they rely solely on the internet for their gaming experience. Claim that they are being denied access to that experience with this new ban. Claim that they are being discriminated against.

Get a District Court to recognize this discrimination.

Then follow with the Equal Protection clause of the Constitution, since "separate but equal" was ruled unconstitutional in 1954, to give that right to all Americans.

Is this a solution? I dunno, but it's as good as McDonalds coffee is too hot.

Oh and vote ALL the bastards out of office for too many reasons to recount here. /images/graemlins/grin.gif

[DMoogle]

For a first post, I like it. It'd be sweet if someone did this.

[MiltonFriedman]

I appreciate the effort. Unfortunately, neither cause you cite will stand up.

There actually is a good argument that already exists, that poker is not covered by the Act. The plaintiffs could be the PPA and a group of its memebers, who want to deposit onto a poker site, but are prevented from doing so by the uncertainty of the Act.

(This coverage argument is so readily apparent, I always suspected that the "Big Sites" are ready to litigate as soon as this gets ripe.)

[MiltonFriedman]

Someone will litigate this, but we need that person to be "pure poker" to win it.

[Stashua]

While I grant you your view, no one has posted to that concern, and I find no legislative intent to cover the ADA problems with this legislation. I am willing to bet that neither in the House nor the Senate that this has been addressed. Since it has not been addressed, the concern is real and has merit.

[Stashua]

I am willing to bet this has no "legislative intent" in regards to ADA in the HoR, and no debate took place in the Senate, that this avenue is indeed open in the courts.

[MiltonFriedman]

Has the ADA ever been used to strike down another, subsequent Act of Congress ?

That seems very contrary to statutory construction, which would presume Congress knew about the ADA when it passed the UIGE Act, and chose its policy accordingly.

[MiltonFriedman]

Don't make betting and wagering your business.

I think you would lose this bet.

[furyshade]

it's easy to say don't make betting and wagering your business, but many people who have spent the last 1-5 years with poker as their main source of income aren't so inclined to drop 100k+ a year for a 9-5 job that pays if they are lucky half that

[Mr.K]

[ QUOTE ]
Most question the constitutionality of the gambling ban based on my reads of this and other forums.

Forget the breastbeating that free speech is involved, and that this is a "right".

Use current law to get this declared unconstitutional.

The Americans with Disablities Act does just that. Find people who claim they are homebound and are not able to go to B&M casinos (now legal in most jurisdictions)...and that they rely solely on the internet for their gaming experience. Claim that they are being denied access to that experience with this new ban. Claim that they are being discriminated against.

Get a District Court to recognize this discrimination.

Then follow with the Equal Protection clause of the Constitution, since "separate but equal" was ruled unconstitutional in 1954, to give that right to all Americans.

Is this a solution? I dunno, but it's as good as McDonalds coffee is too hot.

Oh and vote ALL the bastards out of office for too many reasons to recount here. /images/graemlins/grin.gif

[/ QUOTE ]

Your suggestion with regard to the ADA is one of the more blatantly wrong and silly things I've read in the past week here in the Legislation Forum, which is saying a lot. Let me be clear: that argument holds no legal water, and it won't work. The folks peddling false hopes that this bill might be stopped via litigation are flat out kidding themselves, and you'll be kidding yourself if you buy into their comments.

[rabiddog]

Class Action Law Suit against our Governmnet /images/graemlins/smile.gif Unfortunately thats probably not legal and wouldnt do any good anyhow /images/graemlins/frown.gif

[MiltonFriedman]

Sorry, all I meant was that he personally was not likely to be too successful if his first proposition bet was that the ADA trumps the UIGE Act just passed.

[Stashua]

I have personally seen persons file suit under ADA where reasonable alternatives have been offered, and still the appllicant has been persuasive. My reference is to voting via absentee ballot versus physical access. Physical access has won out over an obvious alternative. I stand by my bet if someone pursues it to a logical judicial conclusion.

[Little_Luck]

Party needs to find someone who is truly handicap, pay for their lawyer, and get this thing declared unconstitutional.

This is actually a great idea, we really need someone who is a professional who only plays online to back this case and is disabled, so they can say it interferes with their ability to practice their chosen profession, since poker is considered a profession.

This is truly the best idea I have heard yet. If this forum had rep points, you would get one. Rep points, by the way, are a great idea for 2p2.

Disclaimer- The above poster has been drinking tonight and any and all statements should not be taken as coherent thoughts.

[Leavenfish]

Look, the fact is that our BEST bet (pardon the pun)to keep online poker pretty much as it has been was for this bill to have never passed as is in the first place...and there seems to have been no one in a position of power that took up a gauntlet to try to get it altered in favor of wiggle room for online poker while that possibility existed.

Like it or not, the poker community basically fiddled while Rome burned - be it thru incompetence or a bad starting hand against a couple of evil politicians. Anything we try to do at this point (Bill legalizing it with restrictions, etc) is a long shot at best. Our best opportunity is gone.

I hate to say it, but I find all this frantic brainstorming <u>at this point</u> ...sadly amusing.

---Leavenfish

[holdin2]

[ QUOTE ]
Find people who claim they are homebound and are not able to go to B&amp;M casinos (now legal in most jurisdictions)...and that they rely solely on the internet for their gaming experience. Claim that they are being denied access to that experience with this new ban. Claim that they are being discriminated against.

[/ QUOTE ]

OMG, you're kidding right?
So because a disabled person could not get out to the street corner to peddle drugs or prostitute themselves, it should be allowed for them to pursue this means of living online?

[JOHNY CA$H]

Come on Guys... We're POKER PLAYERS. OF COURSE we're going to outsmart the government.

It's hardly even a fair fight.