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But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses.
The judges highlighted the number of gaming halls in the city remained largely stable after the increase.
The court also dismissed the equal-treatment argument, noting that gaming machines are taxed by the municipality while casino taxation falls to Hesse.
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This is Midnite’s third ASA ruling this year. Last month, the operator came under scrutiny for an ad that suggested that “gambling was an escape from personal problems”. The ASA received 125 complaints on the offending ad and the company was ordered to remove the advertisement.
Another June ruling was not upheld.
In a separate case, the ASA examined display advertising for White Hat Gaming’s Casimba and The Grand Ivy Casino brands, which had appeared on HLTV.org – a specialist Counter-Strike 2 e-sports website – in March 2026.
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Before Patrick Mahomes laced up his cleats for his 2026-2027 NFL regular-season debut, US prediction markets had already cleared a historic benchmark for the opening week of the season.
Two operators alone – Kalshi and Polymarket – topped the combined $1 billion mark in NFL trading activity over the first six days of Week 1, according to numerous measures this week. During the period, Kalshi recorded NFL volume of $983.4 million, according to DeFi Rate, earning the pole position by a large margin. Mahomes and the Kansas City Chiefs thrashed the Denver Broncos 31-10 on Monday Night Football, capping the largest week for prediction markets ever.
Even before the primetime matchup in Kansas City, it became abundantly clear that the industry would shatter previous marks for weekly activity. The AFC West showdown bolstered the already robust totals. Overall, volume for the week hit a record $15.9 billion, according to Bank of America, up 16% from a week earlier.
