5 Lions Dance

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“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.

He argues that some lawyers and licensees believe the Commission’s presentation of cases is detached from the operational reality but feel they have little option other than to accept the “regulator’s truth” when settling.

“The Commission’s approach to reporting may well create the inaccurate impression that the industry is inherently non-compliant,” he adds. A more balanced account might place failures alongside the majority of licensees that pass assessments or lead on customer wellbeing, although Waugh considers such a shift unlikely.

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In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

Bergin also emphasized that the tribe had formally notified Interior twice about its launch timeline for the Preview Casino, providing regular progress updates without ever receiving a directive from federal officials to halt the project.

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Botswana Congress Party MP Kenny Kapinga also argued that parliament should retain the current minimum age of 21, saying younger adults remained vulnerable to early exposure to gambling.

In January, Acting Gambling Authority CEO Moruntshi Kemorwale said reported problem gambling had declined from 5% in 2020 to 3.4% in 2025. It was a change he attributed in part to the regulator’s National Responsible Gambling Programme and nationwide education and outreach.

He said the Authority’s role was to protect the public while ensuring gambling benefited Botswana. Kemorwale added that it was working with police against illegal promoters who make misleading promises of wealth, and that its approach to licensed operators emphasised guidance and compliance alongside enforcement.