In a recent decision, Mexico's Supreme Court of Justice (SCJN) rejected a request from the Secretariat of the Interior (Segob) to clarify the legal status of the casino industry in the country. The First Chamber of the Court dismissed the request to take up six related amparo cases, leaving the regulation of the casino industry to the competent authorities.
This ruling upholds the legal interpretation that allows casino operators to offer games like poker and roulette, provided they have the proper permits. The SCJN's refusal to intervene means that the responsibility for regulating and supervising casinos in Mexico remains with the appropriate authorities.
The lack of clarity surrounding the regulation of gaming has been a recurring issue in Mexican jurisprudence. In the past, the SCJN has addressed the constitutionality of the Regulation of the Federal Law on Games and Draws, emphasizing the need for more precise and updated regulations in this area.
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Three federal judges have declared the reform unconstitutional, arguing that the Federal Law on Games and Draws (LFJS) of 1947 permits these games, considering them as games of chance, similar to lotteries, and not dependent on skill.
Among the judges is Gabriel Regis, now a candidate for a ministerial position in the Supreme Court of Justice (SCJN), who supported this interpretation. The rulings emphasize that dice games are explicitly authorized by the LFJS, while card games and roulette are legal due to their random nature. Even the ban on new slot machines was invalidated, as the Court had already approved them in 2016 under the same principle.
