Spanish Gambling Industry Prevailing in Legal Battles in Courts
In a globe where anti-gambling sentiments are on the rise, Spain's gambling community is catching a breath of fresh air. Although these aren't grand victories, they're significant enough to spark further changes to preserve the market's stability.
This week, the Superior Court of Justice of Andalusia (TSJA) made a decision favoring gaming operators in Cadiz, a city on Spain's southern coast. They overturned a city council-approved amendment from 2020 that aimed to limit the spread of gambling establishments within the city.
This amendment restricted venues from being any closer than 500 meters (1,640 feet) to schools, sports facilities, and community centers. The TSJA dealt a significant blow to Cadiz by reversing this measure, and this isn't the first time such an incident has occurred in Spain.
"Overzealous" Measure Discussed
Via its judgment, the Administrative Litigation Chamber of the TSJA upheld an appeal filed by gaming operators and the Regional Government of Andalusia against the city. The decision, which the Cadiz city council is contemplating appealing, stated that the regional government holds exclusive power over gambling matters.
Post the approval of the municipal measure by the city council, the regional government issued a decree to adjust the regional gambling laws. It stipulated that newly opened gambling spots must maintain a minimum distance of 150 meters (492 feet) from educational center entrances.
For the court, the city council's measure was "overzealous," "excessive," and unwarranted. It declared that the city council intended to force gaming venues to close, making Cadiz a gambling-free city, except for the lottery.
The city also attempted to justify the measure as necessary to combat gambling-related problems. However, this claim fell on deaf ears as Spain's registered problem gambling rate is less than 1%.
In its decision, the court added that it acknowledges the need to regulate gambling and protect vulnerable groups, such as minors. However, it emphasized that the council didn't present any evidence of health issues in the city due to gambling addiction that would warrant the council's reaction.
Second Incident This Year
This is the second occurrence since 2023 began where Spanish courts have shown support for the gambling industry. In January, the Superior Court of Justice of Castilla y Leon made a similar ruling against the Burgos city council.
Castilla y Leon's gambling establishment laws mirror those of Andalusia. Yet, Burgos tried to tighten the screws within its boundaries as well.
Much like the case in Cadiz, the court determined that Burgos had overstepped its bounds. It couldn't introduce measures stricter than what the regional laws allowed and couldn't prevent new gambling businesses from emerging.
These two victories don't imply that Spain is altering its stance on gambling. Most of the country's autonomous communities are implementing more limitations, and new regulations are in the pipeline on a federal level.
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