In paragraph (vi) towards the bottom of the findings report, it reads..
“that the United States has demonstrated that the Wire Act, the Travel Act, and the Illegal Gambling Business Act are measures “necessary to protect public morals or maintain public order”, in accordance with paragraph (a) of Article XIV, but that the United States has not shown, in the light of the Interstate Horseracing Act, that the prohibitions embodied in those measures are applied to both foreign and domestic service suppliers of remote betting services for horse racing and, therefore, has not establishedthat these measures satisfy the requirements of the chapeau;”
The US currently allows remote gaming under the IHA.
The US would probably have to repeal the IHA in order to have a case under the public morals provision. It’s unlikely that the government will shut down these horse tracks as their business is huge. Furthermore, I doubt the horsetracks will go down lightly.
The panel is basically saying, “You had a case for protecting your public morals but since you offer remote gaming under the IHA you have lost the ability to raise this case.”
But who knows, I’m sure the US will come up with something to get around this anyway. Definitely still up in the air.
Best Regards,