Posts Tagged ‘PASPA’

Challenge to PASPA Dismissed

Plaintiffs Lack Standing in New Jersey

by , Mar 9, 2011 | 9:05 am

The US District Court in New Jersey has dismissed the constitutional challenge to the Professional and Amateur Sports Protection Act (PASPA) filed by iMEGA, State Senator Ray Lesniak, and others. The dismissal was based on a lack of standing. The court’s memorandum opinion is here.

Congress, as the court points out, enacted PASPA in 1992 to limit the expansion of sports gambling in the United States by making it unlawful for a government to license or a person to operate a betting, gambling, or wagering scheme based on professional or amateur sports. The grandfathering provision provided an out for those states that conducted a sports wagering scheme prior to PASPA’s passage, and certain sporting activities are beyond PASPA’s reach. The plaintiffs in the iMEGA case claimed that PASPA’s limitations violated myriad provisions of the US Constitution, including the Commerce Clause, the Tenth Amendment (limiting the powers of the federal government), and the Equal Protection Clause of the Fourteenth Amendment.