An Internet café operator from Homestead, whose clientele are primarily migrant workers seeking computer time, is suing the state challenging the constitutionality of the Legislature’s ban on illegal slot machines
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| An Internet café operator from Homestead, whose clientele are primarily migrant workers seeking computer time, is suing the state challenging the constitutionality of the Legislature’s ban on illegal slot machines.
The lawsuit filed in Miami Dade Circuit Court on behalf of Incredible Investments, LLC, owned by Consuelo Zapata, alleges that the Legislature unlawfully prohibited commerce when it rushed to ban the games last spring. By defining illegal slot machines to include any “system or network of devices” that may be used in a game of chance, the state effectively made every smart phone and computer an illegal device, the lawyers argue. “They rushed to judgment and they took what they saw as a very specific problem and essentially criminalized everything,” said Justin Kaplan of the Miami law firm of Kluger, Kaplan, Silverman, Katzen & Levine which is representing Zapata. Because the definition is so broad, and technology allows an illegal game to be potentially played on every computer, the law even deems the legislature’s own computers “the ones they used to draft this legislation, as illegal,’’ Kaplan said. The case asks the court to throw out the law passed "in a frenzy fueled by distorted judgment in the wake of a scandal that included the lieutenant governor’s resignation." It argues that the lawsuit unlawfully prohibits, commerce, violates free speech and due process and is overly broad and unworkably vague. Because the law effectively gives the discretion to the state attorney as to who to prosecute under the vague statute, Miami Dade State Attorney Katherine Fernandez Rundle is the defendant in the suit. Kaplan argues that because of the law, “Starbucks is running illegal slot machines because they provde their customer with a wi fi system that indirectly allows people to gain access to their phone to allow them to play games of chance that allow payouts,’’ he said. But while Zapata is banned from operating her computers under the law, other companies – such as Starbucks – are not being prosecuted and that violates the constitutional protections of due process he said. Also assisting the attorneys in the case is famed constitutional law attorney and Harvard professor Alan Derschowitz, who lives part time in Miami Beach. The legal team would not say who was paying their fees. This is the second lawsuit challenging the state law passed by lawmakers after a federal and state investigation into illegal gambling at Internet cafes affiliated with Allied Veterans of the World, a St. Augustine-based charity organization, led to 57 arrests people on racketeering and money-laundering charges and the resignation of the lieutenant governor. Legislators used the crackdown to target machines operated by adult arcades and Miami’s maquinitas, which also operate slot-like games, forcing an estimated 200 operators to close down across Florida. The previous lawsuit was filed in federal court in Broward on behalf of two arcade owners who argued that the state’s attempt to crack down on illegal slot machines unfairly included them, when their sweepstakes games require an element of skill. The arcade owners asked a U.S. District Court Judge James. I. Cohn to block enforcement of the law while they pursued the legal challenge, but he refused. The lawsuit on behalf of Incredible Investments also alleges that the state violated the company’s equal protection rights when it sanctioned only sweepstakes run a “nationally advertised game promotion” to operate, thereby discriminating against locally owned companies. “All of a sudden because they are a local business now they can’t run a lucrative promotion by rung a sweepstakes,’’ Kaplan said. Attempts to reach state legislators to respond to the case were not successful. of the Miami law firm of Kluger, Kaplan, Silverman, Katzen & LevineThe law also violates the equal protection rights Incredible Investments, owned and operated by Consuelo Zapata, the lawyers argue. at another unconstitutional, is is the second lawsuit filed to challenge the law passed swiftly by lawmakers after lawHB 155, was approved in response to a three-year federal and state investigation into illegal gambling at Internet cafes affiliated with Allied Veterans of the World, a St. Augustine-based charity organization, and has already resulted in job losses for hundreds of workers in now-shuttered operations. The lawsuit was filed by Incredible Investments, a company based in Miami that hut down its Internet Cafes after the law awas passed utilizes creative videogames to communicate the results of each entry through the use of interactive artwork, storylines, symbols, and text, all meant to instill in the patron a sense of excitement and entertainment. Each time the consumer engages sweepstakes play, one of his or her “entries” is selected, and deducted, from a predetermined unrevealed pool of available “outcomes.” All sweepstakes entries are drawn from a finite pool of entries and accordingly have the same chances of winning a prize as any other entry in that pool, regardless of whether the results were revealed using Instant Reveal or Game Promotion. 40. The operation of the computer terminal does not entitle the user to receive anything of value; nor does the computer dispense anything of value.
Justin Kaplan Two different statutes the florida legislature amended…both affect the client Sweepstakes: “the bottom line is it only allows nationally adversetised businesses to run a sweepstakes as promotion” If pollo tropical…mcdonals can run its monopoly game pollo tropical cannot runa similar promptions…violation of the fed and state equal protection rights The intent of the legislature was to attack the internet cafes because they’re all mom and pop shops and they are certnly not adv in Georgia Slot machine statute…slot machines have already been illegal lin florida except in certn cirumstnaces…the state defins what they are…as amended very computer smrt phone and tablet is not within a definition of a slot machines. Prospecutorial discretion that is illegal in fed and fl aconstiution… a cop or the state atty can decide whether they want to endorse it or not Every system is a slot machines…what they did was Bruce rogow lawsuit had ot do with machinates… This is diff when they amended the term slot machines it now includes any machine ro dev or system that can be activated essen by any means…it has ato be capable of getting any product Budweiser sweepstakes…if you point your phone and click on the gar code you intesntaly know that you win… Word sweepstakes doesn’t appear in slot machine statutes…now says obtain anything of valu because of agame of chance…Budweiser commercial anytown ad… They rushed the judgment and they took what they saw as a very specific problem and essentially criminalized everything., their own compjters they drafted this legislation on are illegal Before the word indirectly was added in…theres a million others ways ofr a compueter device to be connected to a slot machin and the system itself could be considered a slot machine…from the closed system in your ofs, the telephone lines, wi fi…starbucks is runningn illegal slot machines because they provde theircusto with a system that indeirectly allows people to gain acces to theise phone to allow them to play games of chance that allow payouts I don’t thin the leiglsature was…the govt is prohibited from artificially enforceing laws… Now that state atty has the prsoectutorial diescrtion to enforce it with cell phones or not…if its enforced in broward but not in Miami…the constitution doesn’t require you to sit and wait…it is there ot require the persoen maing the lws that are constitutional…they really Incedible investments homestead internet cafes…it is not like machinitas that were rung machines that claimed tobe games of skill…these were computers set up selling internet time to migrants in homestead. The people who didn’t have internet acces int ehir homes the oporutnity to get on thte internet. As a way to promote their product they ran sweepstakes games, no different than coca cola or mcdonals or budlight All of a sudden because they are a local business now they can’t run a lucrative promotion by rung a sweepstakes and they can’t run it in a sway that seemed to get a lot of traction Rebutable presumption it’s a slot machine because its vague…it relieves the state from burderning their case. They haven’t removed their cmputers because in theory they can offere access to the internet but evenr without rung the promotiosn they are illegal beucase…our client has been hurt bec they are artibraty prevented from using a proven promotional technique They don’t know whther they are rung an illegal gaming house becase they have a bunch of computers connected to the internet Kluger The subjective determine of law enforcement officer…it doesn’t makter if your’e renq scalia or quinsberg…it should Budweiser commercials…every ph Lawsuits in north Carolina…we stayed away from the arguments that were made with other cases…they’ve already lost… Not Bradly Alan: Alan Dershowitz…active in jewish federaton and he’s here. He’s got knowledge of the industry and it thought it would be fun to work with him… This was a knee jerk reaction to the whole thing….that’s what hpns when people get scared politically Judge Diane Ward Directory: files files -> Answer True False 2 points Question 2 files -> Integer programming and game theory files -> 4 Integer Programming files -> Bpa vehicle Window Repair Scenario #1 task: Procure vehicle window relacement. Objective files -> Pop Warner History files -> North Carolina Inclusion Initiative Mapping Where Children with ieps are Being Served Purpose files -> Fall 2013 Spring 2014 Program Data: Standard 1 Exhibit 4d files -> Hanban – asia society confucius classrooms network 2010 request for proposal files -> Northern England’s set-jetting locations Download 18.31 Kb. Share with your friends:
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