Mexico: Federal Judge declares ban on slot machines unconstitutional

Judge Gabriel Regis of the Sixteenth District in Administrative Matters declared unconstitutional the reform signed by Mexico President Andrés Manuel López Obrador in November of last year, which prohibited “number draws”, the term used to refer to slot machines, allowing their operation only in the 444 casinos in operation until their permits expire.

Based on this ruling, Regis granted the first three injunctions against the amendments to the Regulations of the Federal Law of Gaming and Sweepstakes (LFJS). Also, he declared that roulette and card games, which had never before been authorized in casinos, should be allowed.

The magistrate based his decision on a 2016 Supreme Court ruling, which clarified that the LFJS -in force since 1947- allows sweepstakes and that this term applies to symbol or number machines, whose outcome depends on chance and not on the player's skill.

In the case of 26 companies that operate casinos, headed by Eventos Festivos de México, Operadora Megawin, and Operadora Lami, Regis -which has the largest number of lawsuits on this issue- also argued that the "right to free development of the personality" of those who gamble on these machines is violated.

Juez Gabriel Regis

Roulette and cards

Judge Regis also declared Article 91 of the Regulation unconstitutional, which prohibited roulette, dice, and card games as they were not considered "sweepstakes". In his ruling, Regis argued that the mechanics of roulette are completely random, so it can be considered a sweepstakes according to the Court's criteria.

On the other hand, card games, which combine chance and skill, and dice, already authorized by the LFJS, should also be allowed.

In addition, he annulled the obligation to process a new permit before the Ministry of the Interior when the location of a casino is changed, as well as the prohibition to maintain slot machines when renewing current permits.

The Government has already challenged the rulings, therefore they do not have an immediate effect.