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Six days later, Interior determined that the land did not qualify for gaming under the Indian Gaming Regulatory Act (IGRA), forcing the tribe to shutter the operation and take the federal government back to court.
The arguments came as Scotts Valley asked US District Judge Trevor McFadden to issue a preliminary injunction blocking Interior’s July 30 decision. The outcome of the dispute directly threatens the tribe’s much larger ambition for the site: a proposed $700 million casino resort and hotel.
Under IGRA, gaming is generally prohibited on land taken into trust after 1988 unless it qualifies under specific exceptions. Scotts Valley claims its Vallejo property falls under the “restored lands” exception for federally recognized tribes.
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The majority of parties, including those representing the ChristenUnie, PRO and SGP, all voiced their opinions that increased enforcement against black market operators should be carried out.
Members pushed the government for further action to block illegal websites, in the same way it provides power to quickly address terrorist and child pornography sites.
Members advocated for stronger powers to be given to Kansspelautoriteit (KSA), the regulator of gambling in the Netherlands, with tougher action taken against payment providers, social media sites and affiliates that facilitate illegal gambling.
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“They challenge us both from an academic side and a more practical side. We try to develop our rules as we go along but you have to prove every single day that you’re doing all that you need to do on responsible gaming,” Petra notes.
The Netherlands online gambling market has been the subject of many column inches and much speculation thanks to regulation that has been largely described as heavy-handed and perhaps a little short-sighted – even by the country’s own regulator.
The triumvirate of Netherlands, Germany and Sweden is often held up as an example of how not to regulate, with all three countries haemorrhaging players to waiting illegal operators. So what is public sentiment like towards operators? “My feeling is that if you look at public sentiment, they don’t see really the difference between online and land-based,” says Petra. “If you look into what they’re saying, they’re primarily talking online. But for the general public, there is no difference [between the channels] in that respect.”