Oops, Florida internet cafe ban effectively bans 'all' computers and smartphones
Posted by: Jon on 07/08/2013 12:24 PM
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A poorly thought out, knee jerk bill that essentially outlaws every computer and smartphone in the state of Florida has come under fire. The bill became law after a massive federal and state investigation into illegal online gambling at local Internet cafes which were affiliated with the St. Augustine charity organization, Allied Veterans of the World.
The Tampa Bay Times reports that a South Florida Internet cafe operator, whose clientele is primarily migrant workers seeking computer time, is suing the state, challenging the constitutionality of the Legislature's ban on illegal slot machines.
The lawsuit filed in Miami-Dade Circuit Court on behalf of Incredible Investments, LLC, owned by Consuelo Zapata, alleges that the Legislature effectively applied the ban to all computers when it defined illegal slot machines as any "system or network of devices" that may be used in a game of chance. The state effectively made every smartphone and computer an illegal device, the plaintiff argues.
The argument, crafted with the help of constitutional law attorney and Harvard professor Alan Dershowitz, is based on the assumption that the definition of illegal slot machines is now so broad that an illegal game could be potentially played on every computer. Under the law, the Legislature's own computers, "the ones they used to draft this legislation, are illegal,'' Kaplan said.
The case asks the court to throw out the law passed "in a frenzy fueled by distorted judgment in the wake of a scandal that included the lieutenant governor's resignation." It argues that the lawsuit unlawfully prohibits, commerce, violates free speech and due process and is overly broad and vague.
Two virtually identical circuit court lawsuits have been filed so far: one in Broward County against the owners of the Dave & Buster's chain, and one in Palm Beach County against the owners of the Boomers chain.
Both suits seek to have the arcades shut down as "gambling houses" and "public nuisances" until they get rid of games outlawed by the video-gambling statute passed by the Legislature in April.
"There are plenty more to come," promised Michael Wolf, the Fort Lauderdale attorney who represents the Florida Arcade Association, a coalition of owners of senior arcades. He said he plans to file similar suits in every county in the state.
The Tampa Bay Times reports that a South Florida Internet cafe operator, whose clientele is primarily migrant workers seeking computer time, is suing the state, challenging the constitutionality of the Legislature's ban on illegal slot machines.
The lawsuit filed in Miami-Dade Circuit Court on behalf of Incredible Investments, LLC, owned by Consuelo Zapata, alleges that the Legislature effectively applied the ban to all computers when it defined illegal slot machines as any "system or network of devices" that may be used in a game of chance. The state effectively made every smartphone and computer an illegal device, the plaintiff argues.
The argument, crafted with the help of constitutional law attorney and Harvard professor Alan Dershowitz, is based on the assumption that the definition of illegal slot machines is now so broad that an illegal game could be potentially played on every computer. Under the law, the Legislature's own computers, "the ones they used to draft this legislation, are illegal,'' Kaplan said.
The case asks the court to throw out the law passed "in a frenzy fueled by distorted judgment in the wake of a scandal that included the lieutenant governor's resignation." It argues that the lawsuit unlawfully prohibits, commerce, violates free speech and due process and is overly broad and vague.
Two virtually identical circuit court lawsuits have been filed so far: one in Broward County against the owners of the Dave & Buster's chain, and one in Palm Beach County against the owners of the Boomers chain.
Both suits seek to have the arcades shut down as "gambling houses" and "public nuisances" until they get rid of games outlawed by the video-gambling statute passed by the Legislature in April.
"There are plenty more to come," promised Michael Wolf, the Fort Lauderdale attorney who represents the Florida Arcade Association, a coalition of owners of senior arcades. He said he plans to file similar suits in every county in the state.
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