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Originally Posted by PokerXanadu
How about the foreign operator sets up a routing server in Atlantic City that "accepts" the NJ player action and routes it on to the gaming server overseas. The NJ legislators just have to pass a bill that declares that the gambling takes place in Atlantic City because that's where the wager is "accepted". Sort of like Off Track Betting - the wagers take place in Atlantic City, but the races don't.
They could attempt to pass such a bill, but it probably would not stand up to court challenge. There are lots of unconstitutional laws on the books. They work until someone takes it to court and a judge rules it as being unconstitutional. But let's be realistic nothing gambling related slips in under the radar. The state of NJ has already set the precident that the location of the actual gaming server, ie. the RNG and determination of the outcome of the game, must be in AC. They are not likely to get away with saying something different now. If they do the operators may be wary of taking part based on shakey legal grounds that could be pulled out from under them at any time.
It's a constitutional problem, it needs a constitutional solution. As I pointed out before Michigan is about to make the exact same mistake, but their mistake is much easier to solve than the NJ one.
It should also be noted the last NJ constitutional amendment to expand gambling outside of AC failed when it went before the voters. So it will probably take a very norrowly worded online only amendment that is supported by a well funded PR campaign to get passed. The good news is the next election cycle is less than a year away but it would have to get started soon. Also if NJ wins their sports betting case that is currently before the Supreme Court that may add some motivation to make some sort of changes that could facilitate both that and poker.