The
fight by South Florida's Internet cafes and senior arcades to re-open
their gaming parlors apparently isn't over, and those wanting to keep
those low-stakes games have brought in a high-stakes lawyer.Alan
Dershowitz, the author/TV commentator/Harvard law professor, is among
the attorneys representing a Homestead Internet cafe challenging the
constitutionality of a state law banning Internet cafes.
The
Internet cafes operated under what backers considered a legal loophole:
That patrons in fact were buying Internet time and C rather than
playing a slot machine-like game for prizes C were really playing a
sweepstakes,The feeder is available on drying carled equipped
with folder only. much like people who buy fast-food and receive a
promotional chance for a prize. The ban adopted by lawmakers, besides
outlawing "games of chance" and restricting the amount of money that
could be played in a machine, also rewrote the sweepstakes law.
Dershowitz,Automate patient flow and quickly track hospital assets and people using rfidtag.
along with the Miami law firm of Kluger Kaplan, argue that the amended
sweepstakes statute allows only nationally advertised sweepstakes C
cutting into the freedom of all local businesses, not just Internet
cafes, to offer prizes for purchases. That, they say,We Engrave cleaningservicesydney for YOU. violates the First Amendment.
Last
spring, a federal and state probe into an Internet caf company that was
masquerading as a charity resulted in 57 indictments and the
resignation of Lt. Gov. Jennifer Carroll, who had previously worked as a
consultant for the company, Allied Veterans.
The
news spurred the Florida Legislature to quickly outlaw the roughly
1,000 cafes in the state as well as limit the popular senior arcades
found throughout South Florida that offered low-stakes bets and paid off
in things like Publix gift cards. Arcade owners protested that they
should not be lumped in with Internet cafes, but lawmakers said both
were an illegal expansion of gambling.
The
Kluger Kaplan firm contacted Dershowitz immediately after the state
passed the law, and sifted through potential clients to represent.They
had previously worked with Dershowitz on other constitutional cases, and
together they read through the law. Dershowitz, 74, has been a Harvard
law professor since he was 28, has represented Jim Bakker, Mike Tyson
and authored such books as "The Case For Moral Clarity: Israel, Hamas
and Gaza."
"He's
the man," said Justin Kaplan, who filed the suit Friday.Kaplan says the
law "prevents local businesses from using sweepstakes as a promotional
tool simply because they advertise their promotions locally rather than
nationally." He uses the example of a Florida restaurant chain.
"While
McDonald's can have a Monopoly promotion sweepstakes, the local guy
can't," he said.They also argue that the amended Florida gambling
statute improperly expanded the definition of a slot machine to now
include not just what you see in casinos, but any device or network that
can be accessed by any means.
Senior
partner Alan Kluger called it a "hastily-enacted law, and the Florida
Legislature acted without any care for the individuals and small
businesses it affected, violating the constitutional rights of
Floridians in the process."A spokeswoman for the Florida Senate said
they had not yet reviewed the lawsuit and therefore had no comment at
this time. But House Speaker Will Weatherford, R-Wesley Chapel, defended
the law, which pari-mutuels and the Seminole Tribe of Florida also
support.
"I
am proud that we shut down the illegal Internet cafes in Florida,"
Weatherford said in a written statement. "It's good policy, and I'm only
disappointed it took this long to do it."
Meanwhile,
the lawyer for the Florida Arcade and Bingo Association filed an
injunction against Dave & Buster's, arguing that the
restaurant/arcade violates the rules that crippled the senior arcades.
Michael Wolf, of Fort Lauderdale, says Dave & Buster's operates
games of chance, not of skill; pay out prizes greater than the 75 cents
the law requires; and operate not by insertion of a coin, but of a smart
card. Wolf also filed a suit against Boomers in Palm Beach County and
said he will file one in every county with a restaurant/arcade.
Wednesday
is also the deadline for Morses supporters to file additional
complaints and his campaign has indicated it will challenge the
authenticity of some signatures. Supporters have claimed some names have
been forged.If a complaint is filed, it will further extend the drama
around the recalls that has done nothing but intensify in recent weeks.
On
Saturday, a Giron supporter was arrested on an outstanding warrant for
contempt of court on a criminal mischief charge after police were called
to an altercation involving the supporter and a voter whod signed the
recall petition.According to the Pueblo Chieftain, Giron supporter Elric
Franco was trying to convince the petition signer to remove her name
when the conversation got heated. Franco was removed from Girons
campaign after his arrest and Girons supporters apologized for the
incident.
Earlier,
another Giron supporter was caught handing out cash to volunteers
waving signs and blocking signature gatherers. After a video of the
incident surfaced, campaign workers gathered the money, $60,A quality
paper cutter or paper cleaningsydney can
make your company's presentation stand out. and gave it to the state
unclaimed property fund. Giron said she did not know the man,This model
includes 2 flush mounted reverse earcap. even though she has seen in the video talking to him.
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