Casino City's Advertising Case Heads to Court of Appeals

10 June 2005

On Monday Casino City will file an appeal of the U.S. District Court for the Middle District of Louisiana's dismissal of the company's motion for declaratory judgment regarding its right to carry advertising for Internet gambling services. The Court ruled in February that Casino lacks standing to bring such a case to court because it failed to demonstrate that it faces a "realistic danger of sustaining direct injury."

Casino City and its lawyers, however, have not regarded the February dismissal as a failure but as an opportunity to move the case through the Justice system much quicker and also as an opportunity to concentrate on Freedom of Speech issues.

As Casino City's President Michael Corfman explained shortly after the dismissal,"Now we have a pure First Amendment rights case to be decided by the circuit court through the appeal process. No matter the outcome, the case would have been appealed to the circuit court level. Now the appeal to the circuit court will be able to be more focused on the First Amendment rights issues, and we believe this will likely result in broader support than if the focus were on the narrower issue of online gambling advertisements."

The case will now be reviewed by the U.S. Court of Appeals for the Fifth Circuit.

Click here to view Casino City's appeal.