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The panel affirmed the district court’s denial of a preliminary injunction in an action challenging Arizona Revised Statute § 5-112(U), which requires, among other things, that any simulcast of live horseracing into Arizona that originates outside the state “must be offered to each commercial live-racing permittee … and additional wagering facility” in the state.

Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.Ĭourt Description: Civil Rights. You already receive new opinion summaries from Ninth Circuit US Court of Appeals. Sign up for free summaries delivered directly to your inbox. Want to stay in the know about new opinions from the Ninth Circuit US Court of Appeals? The panel rejected plaintiffs' contention that section 5-112(U) is an unconstitutional regulation on commercial speech and a forbidden content-based restriction rejected plaintiffs' Fourth Amendment and Due Process challenges held that the Arizona statute does not violate the Dormant Commerce Clause and held that the statute did not give rise to a Contract Clause claim. Furthermore, the Arizona statute does not frustrate the intent of the IHA. Therefore, it is not facially impossible to comply with both laws. The panel explained that the IHA does not address how the states can regulate simulcasts, and the Arizona statute does not address Laurel Park's statutory right to consent before interstate wagering on its races can be conducted. The panel also held that Monarch, a simulcast purchaser and sales agent for racetracks, and Laurel Park, a Maryland racetrack whose races Monarch simulcasts, had not shown a likelihood of success on the merits of their claims. The panel held that the Interstate Horse Racing Act of 1978 (IHA) does not preempt section 5-112(U). Section 5-112(U) requires, among other things, that any simulcast of live horseracing into Arizona that originates outside the state 'must be offered to each commercial live-racing permittee … and additional wagering facility' in the state. The Ninth Circuit affirmed the district court's denial of a preliminary injunction in an action challenging Arizona Revised Statute 5-112(U).

Off track betting sites in glendale arizona