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Massachusetts Anti-Casino Ballot Question Gets Nixed by State AG

Massachusetts Anti-Casino Ballot Question Gets Nixed by State AG

A citizens’ anti-gambling effort has been shot down by the State’s Attorney General

While the state of Massachusetts is gearing up for rapid expansion of gambling in the state, not everybody has been excited about the move. That’s why some anti-gambling activists there have produced a petition in an effort to force a vote that is statewide set up casino projects would be able to move forward.

Those that are against the new casinos had been able to gather enough signatures to send the ballot question forward to the lawyer general’s office. But unfortunately for them, the state solicitor however a stop towards the move, saying that the ballot question wouldn’t be legal beneath the state’s ballot initiative process.

Constitutional Provisions Preclude Ballot Question

Beneath the ongoing state Constitution, the ballot initiative procedure is covered by Article 48. That article not only outlines the process for getting a relevant question in the ballot, but also establishes what can and may not be included in such questions. One of the principles for proposals states that they cannot interfere with an entity’s ‘right to receive payment for private property appropriated to public use’.

Based on state solicitor Peter Sacks, if the relevant question were to be approved by the public, thus closing the casino deals immediately, it might just take the casino developers’ contract rights away without the payment. It would also ‘impair the implied contracts’ between the Massachusetts Gaming Commission and people developers, who have previously paid millions in application fees to the state.

The action arrived as a surprise to those who had put the petition together, with the man whom filed the proposal saying which he had been ‘disappointed’ in the ruling.

‘We completely expected to be certified today,’ said John F. Ribeiro, president of the Committee to Repeal the Casino Deal. ‘ This is something that should be voted on by the social people of the Commonwealth.’

Ribeiro said he is now considering his options, including a possible attract Massachusetts’ Supreme Judicial Court.

State Expanding Gambling

Massachusetts approved an intend to expand gambling into the state in an effort to help with making it more competitive in the casino that is quickly growing regarding the northeastern usa. The law will allow for three full-scale resort casinos in Massachusetts, with one license being allowed in all of three regions. a fourth slots-only facility would be allowed at an existing horse-racing track. Local towns and cities could have to reach agreements with casino developers to be able to allow jobs to move forward.

The procedure has already been a contentious one. Tough battles took spot over the prospective to develop casinos in lots of cities and towns throughout the state, including in Boston, where prospects operating for the mayoral slot have actually had to simply take sides on not only if they support building a casino in the city, but also on what the city should vote regarding the project.

The anti-gambling initiative wasn’t the only ballot measure submitted for the 2014 ballot. A complete of 28 proposals were certified, including three amendments that are constitutional won’t be regarding the ballot until at least 2016. The casino ban ended up being among five proposals that have been rejected for various reasons.

‘Ballot initiatives allow citizens across the Commonwealth to directly engage in the process of democracy,’ said Attorney General Martha Coakley. ‘Our choices do maybe not reflect any opinion on the merits or values of the petitions, but simply that the constitutional requirements were [or were not] met.’

Deutsche Telekom Applies for German Sports Betting License

Deutsche-Telekom has announced desire for applying for one of Germany’s limited online gambling licenses.

The limited amount of licenses for sale in Germany’s notoriously tightly regulated online gambling marketplace has created tough competition among online gaming operators. But now a major telecommunications company has requested a license themselves, further tightening the marketplace for the few licenses available.

May or May Not Use License

Deutsche Telekom announced this week they’ve sent applications for a sports gambling permit in Germany. The business said that the process is at a really stage that is early and that there’s no certainty that they’ll ever even create a working online gambling business. The application is currently being reviewed by the inner Ministry of Hesse, a state that is german.

Deutsche Telekom would definitely be a solid name in Germany’s online gambling landscape if they did proceed with a sports site that is betting. Based in Bonn, the organization is just a worldwide telecommunications giant that was formerly owned entirely by the state. The German government still holds a more than 30 % stake into the company, both directly and through the government bank that is national.

Germany was struggling to create an online gambling policy that will allow them to maintain tight control over the industry in the nation, while also moving muster using the European Union. For many years, there was virtually no online that is regulated gambling Germany, with only wagering on horse race allowed. But this ended up being challenged by the Commission that is european Germany to declare that they might revisit their laws.

State and Federal Legislation Issues

The state of Schleswig-Holstein decided that it would take action on its own while the rest of Germany’s states debated exactly how they would change the existing gambling regulations. In late 2011, the state passed legislation that could allow companies to use for licenses for online poker, on-line casino games and online sports betting.

That news had been met with excitement by online gambling operators, whom quickly moved to utilize for licenses in the state that is german. In all, Schleswig-Holstein issued 23 sports betting licenses and 13 casino and poker licenses.

However the rest of Germany eventually consented on a gambling reform plan albeit one that had beenn’t almost since liberal as the steps that Schleswig-Holstein had taken. One other fifteen German states agreed to a plan just months after Schleswig-Holstein had begun to issue licenses, allowing for 20 sports betting licenses to be awarded nationally. In addition, there would be a 5 percent sales tax on online gambling levied on the companies who obtained these licenses.

By early 2013, Schleswig-Holstein had agreed to join the remainder of Germany and adopt the national sports wagering licensing plan. However, that didn’t signify the licenses that had previously been given by the state were voided, and also the companies holding those licenses are required to be valid for another six years without counting from the limit that is national.

Germany consulted with the European Court of Justice on whether the federal legislation is adequately liberalized to comply with EU law, aided by the European Gaming and Betting Association saying that it didn’t meet European requirements. The european Commission has issued an opinion expressing disappointment in Schleswig-Holstein’s decision to pull back from its licensing program in the meantime.

Despite the rapid modifications, several major businesses have expressed interest in being licensed by the government that is german. Nonetheless, the sluggish pace regarding the licensing program and the fact that these firms would have to offer any poker up or casino operations in the united states are making it unclear just what companies if any will eventually be licensed.

European Union Online Gambling Ops Trying to Form Regulations

The Parliament of the European Union is hammering out a regulatory framework for the Union’s on line gambling operators to utilize as an umbrella

The European Parliament (EP) is calling upon the European Union (EU) to do this, using the goal of ensuring respect for European trade principles, since well as cooperation between various countries’ gambling regulators. The call to action follows an online gambling report that was drawn up and submitted by Member of European Parliament Ashley Fox, which the EP has decided to adopt.

European Union Takes Tips Under Advisement

Fox’s report initially recommended the EU-wide licensing of online operators, but further amendments have since resulted in the recommendation to continue national authorities to control their own countries’ online gambling, yet with more cooperation between countries with regards to consumer protection and cash laundering.

The report also encourages member states of the eu to share blacklists of operators, also to start thinking about blocking access to unlawful web sites to help strengthen protection of customers.

Both trade figures the Remote Gambling Association and the European Gaming and Betting Association each welcomed the Parliamentary decision to look at the report, yet the Remote Gambling Association (RGA) was critical of the usage of wording which ended up being selected to describe online betting operators, stating ‘that in places it has unsubstantiated views about the web gambling sector and these may actually have now been used to justify the demand unwarranted restrictions regarding the freedoms normally associated with the Internal Market.’

‘Unfortunately, the resolution has been unduly affected by those members regarding the Internal Market and Consumer Protection (IMCO) Committee whom are in opposition to the opening of markets to licensed sector that is private gambling companies,’ included the RGA. ‘In doing so they have actually duplicated flawed consumer protection arguments to justify the retention of barriers to market entry.’

Remote Gambling Association Approves

But, the RGA ended up being inviting of the decision itself, expressing approval towards such attributes regarding the report as continued infringement proceedings against certain Member States, the advertising of cooperation between regulators on a national scale, further transparency to licensing procedures, and a decrease in unnecessary administrative procedures which could cause burden.

For the Gaming that is european and Association (EGBA), who were more appeased by your decision, value was given to delivering regarding the promises made by European Commissioner Michel Barnier for internal market and services, and to ensure action is taken against EU member states who do not comply with the rules.

‘ Right at that time when most member states are re-regulating their markets, the risk of no action would maybe not just undermine the work for the European Commission, but create further legal uncertainty for European licensed operators,’ said the EGBA in reaction towards the decision of the EP.

‘Today’s vote, that will be the 3rd report on gambling into the mandate with this European Parliament, highlights once again the growing interest of the EU to take action and responsibility in this area,’ said Secretary General of the EGBA Maarten Haijer. ‘ While the report does not necessitate harmonization of the sector yet, it supports new EU action in many areas such as consumer e-verification and improved cross border cooperation. These initiatives are necessary to streamline identification procedures, simplify certification procedures and remove unnecessary administrative burden for cross-border operatives.’

All in every, it appears that the trade authorities are pleased at the decision to allow countries to regulate unique gambling that is online, and will welcome further cooperation and transparency to procedures in the foreseeable future, making it easier to allow them to conduct their business and carry on to increase consumer security.