Eternal Duel

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“The time was right to reassess this crucial policy area, focusing on the topic of gambling advertising where the former committee’s strong recommendations have been largely unaddressed and where substantial developments in the gambling advertising landscape since 2020 have demanded a re-evaluation of the policy options,” he said.

The committee has advocated for applying a public health framework to gambling advertising regulation. It criticised the existing patchwork of self-regulation, noting the Advertising Standards Authority (ASA) codes, co-regulation for broadcasts and industry-led voluntary measures, were inadequate.

Instead, the report recommended that advertising regulation be placed on a statutory footing under the Gambling Commission. 

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While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.

In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

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