Video Gaming Technologies, Inc. v. Bureau of Gambling Control
Opinion
Opinion
Mendez, J.
ORDER DENYING MOTION TO DISMISS
On June 4, 2008, Video Gaming Technologies et al. (“Plaintiffs”) filed a Complaint against the Bureau of Gambling Control and Mathew J. Campoy (collectively, “Defendants”) for declaratory relief and for violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181 et seq., and 42 U.S.C. § 1983 . On June 12, 2008, Capital Bingo, Inc. et al. (“Intervenors”) filed a Complaint in Intervention which was ordered filed June 17, 2008. Defendants now move to dismiss both Plaintiffs’ and Intervenors’ Complaints. Plaintiffs and Intervenors oppose the motions. For the reasons stated below, Defendants’ motions to dismiss are DENIED.
BACKGROUND
Plaintiffs and Intervenors are involved in the manufacture and use of electronic bingo machines found in California charitable bingo pallors. In May 2008, Defendants served several bingo parlors, including those operated by several of the Plaintiffs and Intervenors, with cease-and-desist orders identifying- the electronic bingo machines as gaming devices and stating that if the devices were not removed within 30 days, criminal prosecution or seizure might follow.