8/20/19
A TIME FOR CHANGE
To bring stability and predictability to issues of game classification, the Commission revised the 1992 definitions of “electronic aid”’; “electronic facsimile”; and “other games similar to bingo.”
NEW REGULATORY DEFINITIONS In the preamble to the final rule, the Commission wrote: “[I]n hindsight, and with the guidance of the courts, the inconsistencies in purpose between IGRA and the Johnson Act are more readily apparent. The federal courts, including no less than three United States circuit courts of appeal, have been virtually unanimous in concluding that the Commission's definitions are not useful in distinguishing between technologic aids and facsimiles. . . . The uncomfortable result is that the Commission cannot faithfully apply its own regulations and reach decisions that conform with the decisions of the courts. Such inconsistency frustrates the Commission's ability to properly discharge its duties under IGRA.”
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