SPORTS BETTING AND FANTASY FOOTBALL
learned that 80 per cent support changing current law; 66 per cent prefer individual state authority.
Mark Lipparelli (right), a gaming industry advisor, Nevada State Senator and former NGCB Chairman, agrees with the AGA. He says, “We must acknowledge this nationwide illegal business requires oversight and regulation. Mobile technology has expanded accessibility and served to grow the market dramatically. Nevada has developed an effective model for regulating sports betting that, if implemented more broadly, would reduce the increasing threat to the integrity of sports posed by the illegal markets.“
WHY ISN’T IT LEGAL? So, what is the problem? The Professional and
Amateur Sports Protection Act of 1992 (PASPA) remains the main obstacle. Enacted by Congress on January 1, 1993, PASPA allowed sports lotteries within four states. Delaware and Montana now operate multiple game parlay or sports pools. Nevada has permitted all games and lotteries for decades, but Oregon eliminated its “Sports Action” betting lottery in 2007.
PASPA also included a one-year exemption for any
state legally operating casinos for 10 prior years. Clearly written to create a New Jersey monopoly, internal politics stopped New Jersey lawmakers from completing the legislation deadline.
Determined to repeal the prohibition in 2009, New
Jersey State Senator Raymond Lesniack filed a lawsuit charging federal discrimination against the remaining 46 states. His efforts have repeatedly failed.
New Jersey attorney Dennis Drazin (right), of Drazin and Warshaw P.C., is a key official with Monmouth Park, one of the only racetracks without casinos. He describes sequential events since Governor Chris Christie signed legislation in 2014 to repeal anti-sports laws and allow sports betting at casinos, current and former racetracks.
Confident from overwhelming voter support of a
2014 sports betting ballot referendum, Christie has since lost three court challenges. In an August 9-3 defeat, the U.S. Third Circuit Court of Appeals determined New Jersey cannot partially repeal PASPA. Instead, legislators must allow statewide sports betting or formulate a “middle ground” approach.
Drazin prefers a full repeal, saying, “It is viable because any league‘s rejection would incentivize legislators to push Congress to change PASPA. The practical effect would be an understanding that half of the current illegal activity would move to a trusted site.”
Freeman urges Washington for once-and-for-all
certainty that fixes what he calls its “25-year-old failed law.“ He wrote, “A federal government prohibition has driven an illegal, and occasionally dangerous, sports betting market of at least $150 billion annually. Law enforcement, mayors, leaders in sports, fans and many others agree that it’s time for a regulated sports betting marketplace that protects consumers, communities and the integrity of sports we enjoy. AGA is building a broad coalition of stakeholders that will achieve a practical, modern day solution.” AGA‘s many allies include the United States
Conference of Mayors, law enforcement organizations and major sports league representatives. The AGA and the National District Attorneys Association (NDAA) will partner in a training program for law enforcement officials. The first-ever course combines the NDAA’s Comprehensive Training Series with the AGA’s “Stop Illegal Gambling-Play it Safe” initiative.
For maximum benefit, Lipparelli advises smart
regulations. He says, “There is a growing consensus that recognizes a smart regulatory solution could align stakeholders and begin rationale legislative discussions. The biggest threat that will kill progress is if all sides retreat into their own corners for their own benefit. Legislation can move quickly if competitors in this space focus on reasonable policy and are willing to compromise. I then support each individual state’s legislative and licensing authority.”
Cumbersome and excessively taxed regulations will
motivate customers to continue betting illegally. Legislation in additional states must consider that despite public perception, Nevada‘s sports betting profit margin is under five percent.
While the legislative route could settle the issue, it
may take time until all parties unite. Sports gambling legal expert and attorney Daniel Wallach (right), of Becker & Poliakoff in Florida, thinks the courtroom approach may be the linchpin to resolving the issue.
Wallach says, “New Jersey’s defeat was in only one
of 13 U.S. Federal Courts of Appeals, but it exposed deep fissures in the federal law and softened up
SEPTEMBER 2016 27
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102