Spanish company Cirsa has long run a successful riverboat casino anchored in Puerto Madero, Buenos Aires. A local judge has long been of the opinion that such an operation is illegal, and on a number of occasions since its inauguration in 1999 has ordered the casino to be closed. The ‘Estrella de la Fortuna’ has now been joined by sister ship ‘Princess,’ which commenced operations last year.

Yesterday charges were filed against the Buenos Aires judge Roberto Gallardo for failing to carry out his duties as a public functionary. The charge originates from his actions in 2004 concerning the ‘Estrella de la Fortuna.’ The case depends on the legal interpretation of jurisdiction over the Port of Buenos Aires.

According to Gallardo, the City Constitution of Buenos Aires establishes local jurisdiction over the port, together with the monopoly for gaming. Federal authorities declare the port to be federal territory and each time the Cirsa operations have been closed down by the local authorities have ordered them to be reopened. Until such time that the city’s Magna Carta is declared by the courts to be unconstitutional, Gallardo believes that judges must uphold the autonomy.

Article 50 of the Constitution states that the local State must regulate, administer and exploit gaming, and that no privatisation or concession be granted. Despite this it is a Spanish company running the two casino riverboats. Judge Gallardo has commented that he will continue to make judgements based on this Article until it is proven unconstitutional, and that other interpretations of the law cannot be used against him. (E-08.29.06)

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