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Atlantic City casinos not obliged to stop compulsive gamblers, judge determines

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  • U.S. District Court Judge Madeline Cox Arleo dismissed a lawsuit last Wednesday against the Borgata and its parent company by a self-professed problem gambler.
  • Arleo ruled that casinos have no legal obligation to prevent gambling addicts from betting.
  • New Jersey “pervasively regulates the responsibilities of casinos as they relate to compulsive gamblers,” Arleo wrote, but the state is “notably silent on whether casinos or online gambling platforms may induce people who present with compulsive gambling behavior to patronize their businesses.”

Atlantic City’s casinos have no legal obligation to stop compulsive gamblers from betting, a judge ruled, dismissing a lawsuit from a self-described problem gambler who accused the Borgata and its parent company, MGM Resorts International, of plying him with offers to gamble despite knowing about his addiction.

U.S. District Court Judge Madeline Cox Arleo dismissed a lawsuit on Jan. 31 by Sam Antar against the gambling companies, saying the voluminous rules and regulations governing gambling in New Jersey do not impose a legal duty upon casinos to cut off compulsive gamblers.

New Jersey casino law “pervasively regulates the responsibilities of casinos as they relate to compulsive gamblers, but is notably silent on whether casinos or online gambling platforms may induce people who present with compulsive gambling behavior to patronize their businesses,” the judge wrote in her decision.

ATLANTIC CITY CASINO SMOKING BAN ADVANCES IN NEW JERSEY LEGISLATURE

She also cited two previous New Jersey cases in which a compulsive gambler and a patron who claimed to have lost money gambling while drunk sued unsuccessfully.

Similar lawsuits have been dismissed in other states, including Indiana.

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“The New Jersey Legislature … has not yet seen fit to require casinos to prevent or stop inducing gambling from those that exhibit problem gambling behavior,” Arleo wrote. “As a matter of law, (the) defendants do not owe a negligence common law duty of care to plaintiffs.”

Antar said the law needs to be changed, adding he plans to appeal the dismissal of the case.

“This is not just about me; this is about all the people across this country who have this addiction,” he said. “When are we as a country going to address this?”

The exterior of the Borgata Hotel Casino & Spa is photographed in Atlantic City, New Jersey, Dec. 28, 2023. (AP Photo/Wayne Parry)

New Jersey, like other states, has a program in which gamblers can voluntarily exclude themselves from in-person or online betting. The casinos must honor that list and have been fined by regulators for allowing self-excluded gamblers to place bets.

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Antar, who has homes in New York and in Long Branch, New Jersey, gambled $30 million over 100,000 bets during nine months in 2019, according to his lawsuit, which does not specify how much he actually lost. Antar said he is not certain of the amount, and his lawyer, Matthew Litt, said it was “at least in the six figures.”

His lawsuit made some of the same claims that were raised — and rejected by a judge — in another person’s lawsuit targeting Atlantic City casinos. In 2008, a federal judge ruled against New York gambler Arelia Taveras who sued seven Atlantic City casinos that she said had a duty to stop her from gambling. She lost nearly $1 million over two years, including dayslong gambling binges.

“She spent money on the bona fide chance that she might win more money,” U.S. District Court Judge Renée Bumb wrote in a 2008 ruling. “In short, she gambled. The mere fact that defendants profited from her misfortune, while lamentable, does not establish a cognizable claim in the law.”

MGM cites that case among its numerous defenses to Antar’s litigation, and said it did not create or worsen a gambling problem in Antar or anyone else.

The company declined comment Monday.

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Litt said his appeal will center on his contention that New Jersey’s Consumer Fraud Act, designed to protest customers from “unconscionable” acts by companies, should apply in this case.

Antar is the nephew of Eddie Antar, who founded the Crazy Eddie electronics stores in the 1970s and 1980s. Eddie Antar defrauded investors out of more than $74 million, and died in 2016.

In 2013, Sam Antar was sentenced to 21 months in federal prison for taking $225,000 in a fraudulent investment scheme. He was convicted and jailed in 2022 on theft by deception charges involving nearly $350,000.

In 2023, he admitted committing federal securities fraud for bilking investors, including friends stemming from that same case, served four months in jail and was ordered to pay restitution.

He is currently free under an intensive supervision program, and says he has been informally counseling young people with gambling problems.

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“Who better than me to show them what this can become?” he said.

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New York

History of Domestic Abuse Can be Considered in Sentencing, Court Rules

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History of Domestic Abuse Can be Considered in Sentencing, Court Rules

In 2019, New York’s legislature passed a law that allowed judges to consider a defendant’s documented history of surviving domestic abuse when determining what sentence to impose. If the judges found that the history played a role in the crime, they were able to reduce the sentences.

Since the law was enacted, prosecutors across the state, though, have at times requested that defendants waive that right in order to receive a plea deal and to avoid a trial.

But in an opinion on Thursday, New York’s highest court said prosecutors could not make defendants give up that right. In the 4-to-3 decision, written by Judge Jenny Rivera, the majority found that forcing a defendant to waive the right deprived them of the benefits of the 2019 law.

The practice “threatens to essentially eviscerate the statute by excluding the overwhelming majority of defendants who have suffered domestic violence,” Judge Rivera wrote.

Thursday’s decision also highlighted how an overwhelming majority of cases in the legal system end in plea agreements, rather than being decided at a trial. As of 2019, 96 percent of felonies and 99 percent of misdemeanors ended in a plea, according to state data.

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The decision is one of the rare times that the state’s highest court has acknowledged a defendant’s rights cannot be set aside as part of a plea agreement, said Paris C. DeYoung, an attorney with Legal Aid who argued before the judges on behalf of the petitioner in the case.

“It’s very hard in our system to get the court to protect certain rights from waiver,” she said. “We’re excited that this sort of opens the door for folks to continue to pursue things that they are entitled to without having to deal with just another waiver on their plates.”

The case at the heart of the appeal was that of Nicole Hudson, who was charged with second-degree attempted murder and two counts of first-degree assault for running over her sister’s girlfriend with a car while fleeing her abusive ex-boyfriend. She took a plea deal and waived her right to have the abuse she had dealt with considered in her sentencing.

In a statement on Thursday, Ms. Hudson said the decision “has given me my life back.” Waiving away her ability to have the hearing before she was sentenced was “an injustice not just for me, but also for my child and for my family,” she said.

Oren Yaniv, a spokesman for the Brooklyn district attorney’s office, which prosecuted Ms. Hudson’s case, said the office was concerned the decision “will make it harder to resolve appropriate cases early.”

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“Crime victims and surviving relatives deserve finality, clarity and a process that does not unnecessarily prolong painful experiences,” he said.

The law the decision aims to protect, the Domestic Violence Survivor’s Justice Act, was passed in 2019, when progressive Democrats had taken control of New York’s Legislature.

It allowed some defendants to have their history of domestic violence to be considered during sentencing if they showed that they were largely influenced by their abuse at the time of the crime. The judge could sentence the defendants to receive less prison time than what the law called for or alternative incarceration programs. It also gave people already in prison the opportunity to apply for resentencing.

The law came as crime in New York hit historic lows, and the Legislature overhauled parts of the state’s bail law and compelled prosecutors to hand over reams of case material to defense lawyers in a timely manner. However, as crime inched up after the pandemic, and after a public shift in sentiment on crime, lawmakers began to make changes to the policies. Both laws have been amended.

Ms. Hudson’s case began in 2019. She was at an outdoor party by her home when her abusive ex-boyfriend arrived. After an altercation broke out, during which her former boyfriend was injured, Ms. Hudson fled to her car and tried to escape. As she began driving away, she ran over her sister’s girlfriend, striking her three times and dragging her body down the street under the car. The woman was left permanently paralyzed and Ms. Hudson was charged with second-degree attempted murder and two counts of first-degree assault.

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While her case was pending, Ms. Hudson, 34, asked that her history be reviewed by the court to see if she would be eligible to be sentenced under the domestic violence law. Her lawyers requested that the court sentence her to six months of incarceration and five years of probation.

Ms. Hudson’s lawyers included supporting information in her application, including a psychological report that said Ms. Hudson had experienced “repeated psychological and physical abuse” at the hands of her former boyfriend, who is also the father of her child. The first instance of physical abuse occurred when she was 20 years old and five months pregnant, the report found. His physical and verbal abuse escalated after.

While her application was pending before the court, Ms. Hudson was offered a plea deal through the Brooklyn district attorney’s office, offering her five years in prison and five years of probation. Their agreement, according to the opinion, was on the condition that she waive her right to the hearing to determine if she could get a reduced sentence.

Her lawyers objected to the provision, and the judge overseeing the trial also “expressed concern as to whether a defendant may waive,” the opinion said. However, the judge ultimately concluded that Ms. Hudson could waive her right and the court accepted her plea in 2021.

After she was sentenced, Ms. Hudson appealed, but the state’s Appellate Division found that the right could be waived. But the four judges on the state’s highest court on Thursday said that they agreed with a decision in another case that found some rights were “too valuable, both to the [defendant] and to the community, to be sacrificed in plea bargaining.”

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Ms. Hudson said she was now “excited to finally have the chance to tell my story. I know that I caused great harm, and I take full accountability for that.”

“I also know that my actions came from my years of abuse,” she said.

But, in a dissent on Thursday, Judge Anthony Cannataro argued that a remedy should come from legislators and not from the judiciary.

Ms. Hudson’s case is an example of the sentencing law working, Judge Cannataro said, because she was offered the very lowest end of the ordinary sentencing range, “despite the serious and lifelong injuries that defendant inflicted.” Now, as a result of the decision, and the likelihood that prosecutors will withdraw the agreement, Ms. Hudson “may find herself subject to a far longer sentence than she agreed to,” he said.

There may still be survivors who will choose to plead guilty instead of going through the process to see if their case could be determined using the sentencing law, said Kate Mogulescu, a professor at Brooklyn Law School and part of the Surviors Justice Project.

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“But what is not allowed now is for prosecutors to foreclose that,” she said. “That is an important distinction.”

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Boston, MA

Alexandria Ocasio-Cortez joins Boston Mayor Wu, Ayanna Pressley to slam Trump’s childcare funding cuts

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Alexandria Ocasio-Cortez joins Boston Mayor Wu, Ayanna Pressley to slam Trump’s childcare funding cuts


Boston Mayor Michelle Wu joined progressive allies and squad members U.S. Reps. Ayanna Pressley and Alexandria Ocasio-Cortez to call for more federal funding for childcare amid cutbacks by the Trump administration.

Ocasio-Cortez, a New York congresswoman who traveled to Massachusetts this week, appeared Friday alongside Pressley and Wu at Horizons for Homeless Children in Roxbury for a story time classroom visit, roundtable discussion, and media availability, where they questioned the Trump administration’s priorities.

“We know that families are experiencing greater financial hardship and economic anxiety and vulnerabilities each and every day because of the hostilities of this administration that are not focused on the things that matter most, and that is affordability,” Pressley, a Massachusetts Democrat, said at the daycare center. “Increasingly, everything is through the roof and that includes the cost of childcare.

“We have an occupant in the Oval Office that says we have to fund a war that we don’t even know why we’re there, but we cannot afford to pay for childcare when that is our most important infrastructure,” Pressley added. “All the data bears out that investment is the greatest return on investment.”

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The U.S. Department of Health and Human Services in January froze access to certain federal childcare and family assistance funds for California, Colorado, Illinois, Minnesota, and New York “following serious concerns about widespread fraud and misuse of taxpayer dollars in state-administered programs,” the federal agency said in a press release at the time.

Locally, the Massachusetts Head Start Association’s executive director, Michelle Haimowitz, issued a statement earlier this month in response to Trump’s federal budget proposal for fiscal year 2027 that she said was “making it more difficult for our Head Start programs in Massachusetts by flat-funding Head Start nationally.”

“The federal government’s failure to provide our programs with much-needed funding has led to workforce shortages and difficulties in providing education and services to our students,” Haimowitz said at the time.

Ocasio-Cortez said Friday, “Over the last year, between the president’s efforts on DOGE, cutting services across health care, childcare, education, we see the Department of Education itself under threat by this administration.



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Pittsburg, PA

Enthusiasm continues for 2nd day of NFL Draft in Pittsburgh

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Enthusiasm continues for 2nd day of NFL Draft in Pittsburgh


Crowds lined both sides of the Allegheny River on the second day of the NFL Draft Experience, as fans poured into Point State Park shortly after gates opened, filling the riverfront with a steady buzz and early arrivals.

While Point State Park grew crowded within the first hour Friday, the Draft Theater area near Acrisure Stadium built more slowly, with groups trickling in and the space still less than a quarter full well into the afternoon.

Attendees kept the energy high as festivities continued across Pittsburgh.

Stephanie Enz, 35, of Huntersville, said her family left the fan area Thursday night after exploring to watch the draft on television. She said Friday’s weather was too nice to skip the second day.

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“I’m surprised how many Pittsburgh Steelers fans there are compared to everyone else from other teams,” Enz said. “I feel like watching the last few years, it was more of a mix of other fans.”

Fans cheer in Point State Park’s NFL Draft Experience area in the hope of receiving a free T-shirt on Friday, April 24. (Megan Trotter | TribLive)

 

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Crowds gathered in and around Downtown, with activities in full swing by 10 a.m. Rivers of Steel Heritage Corp. held live blacksmithing demonstrations in Market Square, classic cars were on display, and the city’s tourism company, Visit Pittsburgh, set up a wall for fans to write on.

Mike and Sue Hacke of Upper Merion Township in Montgomery County arrived in Pittsburgh Friday morning.

The couple grabbed sandwiches at the Original Oyster House in Market Square and soaked in the updated area while waiting for gates to open for the Draft Experience at noon.

Mike Hacke, 67, grew up in Homestead but said it had been about 40 years since he was last in Pittsburgh. He said he was impressed by the improvements made to the city in preparation for the draft.

“I was in Philly a couple years ago when it was there, and I think that this is much better than what Philly did,” Mike Hacke said.

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Just before opening, football fans moved in droves from Market Square to line up at Point State Park, located just outside the Wyndham Grand Hotel.

The area inside the park was expanded from Thursday’s setup. The red carpet that had stretched across the entire space in front of the steps to the Point was split into two sections Friday, opening access to the Point State Park Fountain.

As groups moved through the park, many gravitated toward the newly opened space, eventually sitting to take in the view and posing for photos with the fountain and stadium in the background.

Rick Wilson, 65, and his wife Maureen, 62, took selfies in their Philadelphia Eagles jerseys while standing on the steps leading down to the fountain.

The couple, from Finleyville Borough in Washington County, said Steelers fans were generally friendly.

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“I think everybody’s very nice and have been very polite,” Rick Wilson said, noting only a few lighthearted comments here and there.

“We kind of took their pick last night,” he added.

On Thursday night, the Philadelphia Eagles selected USC wide receiver Makai Lemon, who had been on the phone with representatives from the Steelers as Pittsburgh’s first-round pick approached.

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Rick Wilson, 65, and his wife, Maureen, 62, take photos in their Philadelphia Eagles jersey at the Point State Park Fountain on Friday, April 24. (Megan Trotter | TribLive)

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Part of the red carpet at Point State Park was open to the public, allowing fans to walk it and take photos where draft prospects had strutted the night before.

On their second day at the draft experience, Jessica, 46, and Matthew Light of Hershey took a stroll down the carpet.

“I noticed it from yesterday, and I figured we’d get a photo opportunity and take a memory home with us,” said Matthew Light, 46.

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Across the river, about a dozen people had nestled into the concrete with their backs against the draft stage barricade.

Hunter Enders, 30, and Meghan Crosby, 27, arrived at the area around 2 p.m. to be in the first row once the draft begins at 7 p.m.

The two were in the third row the night before and said that, despite record-breaking crowds, the atmosphere remained friendly, with no shoving or safety concerns around them.

While the stage area was far less crowded than the footprint across the way, smaller groups still gathered outside the elevator platform where media and commentators were broadcasting.

Rapper Wiz Khalifa, a Pittsburgh native, joined a sports broadcast, waving to the small crowd gathered below on the asphalt.

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Wiz Khalifa was scheduled to perform at 5:15 p.m. Friday, ahead of the second round’s start.

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Fans watch as Pat McAfee records his show Friday afternoon live from the NFL Draft Experience area on Pittsburgh’s North Shore. (Ember Duke | TribLive)

 

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