A Precedent for All of Latvia: Daugavpils Won in the Constitutional Court Dispute over Gambling Halls

Daugavpils achieved an important victory in the Constitutional Court in a dispute with gambling organizers. The court recognized the restrictions imposed by the municipal government on the placement of gambling establishments as justified. The city council believes that this decision is significant not only for Daugavpils but for all of Latvia, reports [TV3 News](https://tv3.lv/zinas/latvija/sabiedriba/precedents-valsts-meroga-satversmes-tiesa-atzist-daugavpils-azartspelu-ierobezojumus/). Attempts by municipalities to limit the gambling business have repeatedly led to legal disputes. In particular, in recent years, the Constitutional Court did not support similar decisions made by Riga and Kekava. The problem lies in the need to strike a balance between the right of entrepreneurs to engage in legally permitted activities and the powers of municipalities to determine where such activities are acceptable. In previous cases, the court concluded that the restrictions were too general and effectively excluded the possibility of placing gambling establishments in almost the entire territory of the respective municipalities. Daugavpils chose a different approach. Two years ago, the city established rules stating that gambling establishments cannot be located closer than 150 meters from apartment buildings, municipal institutions, and other public places with a high flow of visitors. The goal of the restrictions is to reduce the likelihood that residents will encounter gambling in their daily lives when visiting public institutions, cultural events, or simply moving around the city. Gambling organizers challenged these rules in the Constitutional Court; however, this time the court sided with the municipality. The judges acknowledged that Daugavpils sufficiently justified the need for restrictions while not imposing a complete ban on gambling. The Chairperson of the Constitutional Court, Irena Kucina, explained that the placement of gambling establishments in areas of everyday movement for people could create additional risks. "If people are moving around, visiting certain public places, schools, cultural events, and so on, it means that they may accidentally feel the need or desire to enter there and expose themselves to the risks associated with gambling," Kucina noted. Opportunities for placing gambling establishments are not limited to sparsely populated areas. The law also separately allows for the organization of gambling in four- and five-star hotels. The Constitutional Court's decision does not mean the immediate closure of existing establishments. However, in the coming years, all nine gambling halls currently operating in Daugavpils may cease operations at their current locations. The main difference between Daugavpils and Riga and Kekava is that the city managed to justify specific territorial restrictions without completely banning gambling. This approach may now serve as a guideline for other municipalities in Latvia.