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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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The 62-minute hearing featuring Kalshi and a prominent lobbyist from the American Gaming Association provided a blueprint for the state’s evaluation of prediction markets next year. Before the calendar turns to 2027, though, stakeholders will monitor races for governor, attorney general and the US Senate on election night. The results in all three Texas races will likely have a major impact on the future of prediction markets inside the state.
Convened by Texas State Senator Bryan Hughes, the hearing in the Senate Committee on State Affairs examined the relationship between federally regulated derivatives markets and state-prohibited gambling. Research from Eilers & Krejcik Gaming in April found that 43% of activity from sports event contracts came from two states, Texas and California. A separate breakout of Texas activity alone is not publicly available.
At Tuesday’s hearing, AGA Vice President Tres York testified before the committee alongside Robert DeNault, head of enforcement and legal counsel at Kalshi. The AGA, one of the nation’s most strident critics of prediction markets, argued that an event contract on the Cowboys to beat the Giants does not differ fundamentally from the same wager placed at a sportsbook.
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Is the monopoly safe, is it set in the law that it will operate forevermore? No, it’s under constant evaluation, Petra explains: “The Dutch state, represented by the Ministry of Finance, is our shareholder and they evaluate every seven years, not only us as Holland Casino, but all state-owned companies.”
One of the operator’s most significant challenges is the increase in gambling tax enforced over recent years. Petra has been particularly vocal about this and the company’s profitability has taken a reasonable hit, since the first tax increase to 34.2% of GGR came into effect on 1 January 2025.
Holland Casino now pays 37.8% of GGR to the state, as per the additional increase in 2026, but with labour tax on top the business pays around 52% before they can look at their base running costs. It is not a small burden by any stretch of the imagination, so it is heartening to see the business doing well despite the tightening tax burden.
