New York Fantasy Sports Legislation Might Be Subject to Lawsuits Seeking to Stop Expanded Sports Gambling

Casino Watch Focus has reported on the ongoing developments in the Daily Fantasy Sports (DFS) industry. These daily fantasy games are essentially taking the skill based game of fantasy sports that typically lasts and entire season and boiling it down to a daily gambling activity which lacks the same skill based approach as typical fantasy games. The industry was called out for being a very obvious form of illegal sports gambling at both the state and national level. Feeling the pressure, the industry has at temped to self regulate to have the appearance of safeguards for players and they have spend tons of time and money in lobbying efforts to legalize their gambling product. Each state has, however, chosen to regulate the industry in a different way, and some have defined DFS as games of skill, thus making it immune to gambling laws. One of the newest states to enter the debate is New York, and they may be facing lawsuits. The Buffalo News reports: 

A national anti-gambling group may sue to try to reverse a new law legalizing daily fantasy sports contests in New York State.

“We believe in improving the lives of New Yorkers, and part of that mission is to repeal the state’s predatory gambling policies, and litigation is part of that effort,” said Les Bernal, national director of the Washington, D.C.–based Stop Predatory Gambling.

Critics of the new law, signed by Gov. Andrew M. Cuomo two weeks ago, say the Legislature needed to go through a lengthy constitutional amendment process to legalize a new form of gambling. Instead, the bill’s sponsors relied on a statutory change that declared the fantasy sports contests to be “games of skill” instead of illegal games of chance.

The anti-gambling group Stop Predatory Gambling, isn’t the only organization that has an interest is stopping this form of gambling. There have been talks of local casino companies bringing suit. Additionally, the new legislation may very well violate the state’s exclusivity agreements with tribal groups in New York. Stop Predatory Gambling has been clear, however, that they wont partner with such groups and they have their own, more altruistic reasons for trying to protect the citizens of New York. The Buffalo News continues:

Where the money to fund the litigation by the national anti-gambling group would come from is not certain, but Bernal said his group would not partner, directly or indirectly, with any casino companies that also opposed the June legislation.

Bernal pointed to a May Siena College poll that found 45 percent of New Yorkers opposed daily fantasy sports and 37 percent supported it.

“There is no single act of New York State government that creates more inequality of opportunity than its sponsorship of predatory gambling,” Bernal said. “And now what state government is trying to do is force predatory gambling into every home and smart phone in the state as a result of a push by very powerful gambling interests.” 

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