Issues & Policy Positions

Railbird Creations provides clear explanations of the issues shaping the future of gaming and why they matter.

Railbird Creations covers and advocates around gaming and gambling policy that directly affects players, workers, operators, and the broader industry ecosystem. Our approach is grounded in factual reporting, firsthand experience, and public-interest analysis.

We focus on issues where existing law, regulation, or industry practice produces unintended consequences, market distortions, or fairness concerns.

1. Restoring the 100% Gambling Loss Deduction

The FAIR Bet Act (HR 4304) & the WAGER Act (HR 4630)

The Issue

For decades, U.S. tax law allowed gamblers to deduct 100% of their gambling losses against winnings, preventing taxation on money not actually earned.

A recent change to federal law reduces the allowable deduction to 90%, effectively taxing 10% of losses as income. This change is commonly referred to as a “phantom tax.”

Why It Matters

Taxes would be assessed on money players did not profit from
Casual and professional gamblers alike could face inflated tax liabilities
Secondary effects may include loss of healthcare subsidies and other income-based benefits, like the Child Tax Credit
The change affects multiple gaming sectors, including poker, sports betting, slots, horse racing, and table games

Railbird Creations’ Position

Railbird Creations supports the passage of the FAIR Bet Act and the WAGER Act, bipartisan legislative efforts that would restore the longstanding 100% gambling loss deduction and prevent taxation on losses that are not income.

2. Legalizing Online Poker Nationwide

Unlawful Internet Gambling Enforcement Act (UIGEA)

The Issue

Online poker in the United States remains governed by a patchwork of state laws, largely shaped by the Unlawful Internet Gambling Enforcement Act (UIGEA) and the enforcement actions that culminated in “Black Friday” in 2011.

While some states have legalized and regulated online poker, many Americans still lack access to safe, regulated platforms.

Why It Matters

Fragmented markets reduce player liquidity and game quality
Players are pushed toward unregulated or offshore sites, increasing the likelihood of fraud, identity theft, and more
Consumer protections vary widely or are nonexistent
U.S.-based operators and workers are placed at a disadvantage

Railbird Creations’ Position

Railbird Creations supports the legalization and regulation of online poker at the national level and favors repealing or reforming laws that unnecessarily restrict lawful, consumer-protected online poker markets.

A regulated, nationwide framework would improve player safety, market integrity, and economic participation.

3. Promoting Safe, Legal, and Responsible Gaming

The Issue

Across poker, sports betting, horse racing, and casino gaming, players and workers face increasing mental, physical, and emotional pressures. Long hours, opaque protections, and inconsistent state regulations create conditions that can harm both consumers and industry professionals.

Responsible gaming programs exist, but they vary widely. Some platforms and venues provide meaningful tools and education; others offer only minimal compliance-based messaging. The result is an uneven landscape where the people who fuel the industry often lack consistent safeguards.

Why It Matters

Mental-health challenges, such as burnout, stress, anxiety, mental health conditions, and addiction, are experienced but rarely discussed openly.

Players and workers face physical strain, long schedules, and environments that can undermine long-term health.

Predatory or confusing marketing practices can push at-risk consumers toward unhealthy behavior.

Inconsistent legal frameworks drive players into unregulated or offshore markets lacking consumer protections.

Sustainable gaming requires strong, healthy, and informed communities, not reliance on vulnerable populations.

Railbird Creations’ Position

Railbird Creations supports a gaming ecosystem that strengthens people, not just markets. We advocate for:

Mental & Emotional Wellness: Destigmatizing conversations about stress, burnout, performance, and addiction, and elevating expert-backed tools that help players make informed decisions.
Physical and Mental Safety for Players & Workers: Encouraging policies and house standards that promote safe environments and fair treatment of dealers and staff.
Legal, Regulated Access: Well-regulated online gaming protects consumers better than prohibition. Safe markets reduce fraud, identity theft, and predatory practices.
Early Help & Real Resources: We prominently share responsible-gaming tools and helplines such as GambleAware, National Council on Problem Gambling (NCPG), self-exclusion options, and financial safety resources.

Our goal is simple: an industry where players, workers, and leaders can compete, work, and win in environments that protect their health, dignity, and long-term well-being.

Issues & Policy Positions

1. Restoring the 100% Gambling Loss Deduction

The FAIR Bet Act (HR 4304) & the WAGER Act (HR 4630)

The Issue

Why It Matters

Railbird Creations’ Position

2. Legalizing Online Poker Nationwide

Unlawful Internet Gambling Enforcement Act (UIGEA)

The Issue

Why It Matters

Railbird Creations’ Position

3. Promoting Safe, Legal, and Responsible Gaming

The Issue

Why It Matters

Railbird Creations’ Position

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