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Gambling: States
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Gambling initiatives were on more state ballots than any other issue in 1994, but their luck in winning passage was mixed. Florida voters rejected the Proposition for Limited Casinos; off-track betting lost in Minnesota; and various other proposals were rejected in Colorado, Rhode Island, and Wyoming.
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Gambling corrupts government. Gamblers always seek to increase their offers and to buy protection. Gamblers are soul-less in attempting to corrupt police, judges and legislators. Instead of the state controlling legalized gambling, the professional gamblers often end up in control of the state.
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Gambling opponents sued Wednesday to shut down Mega Millions, arguing that the California Lottery lacks authority to join the 12-state game without legislative approval. The suit, filed in Sacramento County Superior Court, seeks an injunction halting the 2-week-old game in California until the Legislature can vote on the issue.
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The federal statute which is commonly cited by opponents of Internet gambling as prohibiting such activity is the Wire Act. [70] The Wire Act prohibits anyone "engaged in the business of betting or wagering" from using "a wire communication facility" [71] to place "bets or wagers on any sporting event or contest." [72] Thus, the very language of the statute limits its application to bets or wagers which pertain to sporting events, not to general bets or wagers such as casinos or lotteries. This conclusion is supported by not only the plain language of the first section of the statute, but ... by the statute's next section which excepts from prosecution the use of a wire communication facility to transmit information "for use in news reporting of sporting events or contests." [73] In addition, legislative history states almost conclusively that the purpose of the section was to prohibit bookmaking on sports. [74] Since a majority of Internet gambling sites do not offer sports betting, businesses that engage in other forms of on-line gambling likely would not be held liable under the Wire Act.
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The Las Vegas Sands Corporation is going to be the first Las Vegas hotel company to use mobile gambling in their casinos. The Venetian will be the first casino to ustilize these devices. They will allow persons to play blackjack, roulette, poker and slots for real money on a mobile platform. The gambling devices will be provided by the hotel, but there is a bit of a catch. The Nevada Gaming Commission regulations state that mobile gambling can only take place in public areas of the casino—not in hotel rooms or other private areas. A field trial will begin in the coming months with a full roll-out later this year or early 2007.
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Admittedly, on-line gambling sites which actually transmit wagers or bets would likely be subject to personal jurisdiction because the nature of the contacts would be sufficient because of the interactivity of the on-line transmissions. For example, in Zippo Manufacturing Co. v. Zippo Dot Com, Inc., [167] the court held that a business which operated a web site and sold passwords to subscribers in Pennsylvania was subject to personal jurisdiction in Pennsylvania. [168] The defendant attempted to argue that it only provided information and that Pennsylvanians initiated the contact when they visited its web site. [169] However, the court rejected the argument and found that, through the registration process, the web site operator "knew that the result of these contracts [with the Pennsylvania residents] would be the transmission of electronic messages into Pennsylvania." [170] Consequently, the court held that the web site operator had clear notice of being subject to suit in the state since it chose to conduct business in the forum state. [171] Similarly, almost all Internet gambling sites require that bettors fill out an application and register before they can start using the on-line gambling area.
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