The saga seems never ending, and it is played out in countries around the globe. In some cases operators get favourable rulings from the courts in the face of governmental decrees. In other cases the reverse happens and the courts rule against operators despite government legislation. Controversy and legal wrangling continue well after laws have been written, debated and passed. Investing in and obtaining a casino licence is sometimes just the start of a constant battle to remain in business. The same is frequently true for lottery licence holders and operators of other forms of licensed gambling.

In the UK the government has not managed to get final approval for its carefully crafted 17 casino licences law. Even if the votes in Parliament had gone the government’s way, the legal challenges over monopolies and unfair competition were already lining up. The government of Peru is still battling to close illegal slots businesses that have sprung up contrary to the law but supported by rulings in the courts. The latest chapter in this saga is a Supreme Court ruling supporting the lower court decisions of its judiciary despite the common knowledge that these favourable rulings are more often than not bought and paid for, and despite the constitutional court of Peru decreeing that all gambling operations must be subject to licensing by the gaming board.

Another country battling with casino law is El Salvador. The Attorney General has just named a lawyer to investigate the legal status of casinos in the country. President Saca, with support from many legislators, wants them closed down and is looking for the legal way to achieve his aim. Roberto Oliva, an expert in administrative law, will help decide who has the last word in granting or denying casino licences. Since the start of 2007 many slots operations in El Salvador have been closed and gaming machines confiscated. So far the casinos have escaped, but there is a clear government intention to close all such businesses no matter how many or who owns them. The Supreme Court already has cases pending brought by the affected businesses.

The state-owned Philippine Amusement and Gaming Corp (PAGCOR) has just filed charges against a judge for issuing a temporary restraining order causing the closure of the Fiesta Casino Hotel and Resort in Manila. The order was apparently issued to protect the right of the local municipality to collect fees for a mayor’s permit and a business permit. PAGCOR claims that this is in violation of a Presidential Decree that removes the authority of local governments to issue casino permits or licences and another PD that removes the requirement to pay taxes or any other charges from businesses contracted by PAGCOR. The Thunderbird Resorts operation, opened in April 2005, is also in the East Day Economic Zone which is autonomous and over which local governments have no authority.

It is not only in developing countries that disputes over gambling legality arise. Both Australia and South Africa have ongoing provincial battles over lottery licences. Numerous states in the USA are embroiled in never-ending legal suits and counter suits over gambling legislation. Tribal gaming is also constantly facing challenges in the courts. The whole issue of online gambling is only beginning to be contended with in courts around the globe. From businesses that have been arbitrarily shut down with the loss of jobs and investment to businesses that continue to operate illegally for years, gambling legislation brings a never ending jackpot for lawyers. (E-04.23.07)

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