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But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses. 

The judges highlighted the number of gaming halls in the city remained largely stable after the increase. 

The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.

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Just eight years after the state of New Jersey successfully petitioned the US Supreme Court to repeal the Professional and Amateur Sports Protection Act, which opened the floodgates of sports betting expansion across the country, the Garden State has again petitioned the high court, this time to defend its sports betting jurisdiction against the rise of prediction markets and sports event contracts.

On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

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Pennsylvania casino revenue for August was almost 6% lower than a year ago, when the state’s casinos won $297.7 million from their physical slots and table games. Pennsylvania’s August 2026 struggles came despite the state having one more casino last month than it did in August 2025, as Happy Valley Casino only opened in April 2026.

In Maryland, the state’s six casinos combined to win $160 million in August, representing a 6% drop from the prior year. In Virginia, casino revenue from its five casinos was $97.6 million, almost 5% lower than August 2025.

In Delaware, in-person casino revenue eased almost 3% to $43.8 million, and in New York, racino GGR plunged 38% to $137.2 million.