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In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

Bergin also emphasized that the tribe had formally notified Interior twice about its launch timeline for the Preview Casino, providing regular progress updates without ever receiving a directive from federal officials to halt the project.

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Since then, annual advertising expenditure by licensed operators has grown substantially and is now estimated to be between £1 billion and £2 billion, accoridng to , the report said.

According to the committee, robust evidence now links gambling advertising to increased participation and associated harms. 

Committee Chair Lord Ponsonby of Shulbrede highlighted that, since 2020, the growth of online marketing techniques and associated harms have shifted the debate substantially.

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