A Constitutional 'Inquiry' into the Texas Racing Act: The Physical Presence Requirement for Wagering & the Dormant Commerce Clause

摘要

As addressed above, the Texas Racing Act is unlikely to survive this dormant Commerce Clause challenge because it discriminates against out-of-state commerce in both its purpose and effect. This important case, pending before the United States District Court for the Western District of Texas, clearly illustrates the problems arising between these two competing factions of the horseracing industry. Despite their inherent competition for wagering revenue, one's success does not necessarily come at the expense of the other. In fact, online ADW operators' entire existence depends on live racing. Likewise, the mobility and simplicity of advance deposit wagering may attract new fans to horseracing. Therefore, a compromise that benefits both sections of the industry is ideal.