NY Court of Appeals Rejects Constitutional Challenge to Daily Fantasy Sports Law, Reversing Lower Court Rulings

On March 22, 2022, the New York Court of Appeals held that the historical prohibition on “gambling” in Article I, §9 of the New York Constitution does not encompass skill-based competitions like daily fantasy sports (DFS) contests, in which participants who exercise substantial influence over the outcome are awarded pre-determined fixed prizes by a neutral operator. (See White, et. al. v. Cuomo, et al., 2022 NY Slip Op. 01954 (March 22, 2022)). In so holding, the court upheld the 2016 state law explicitly authorizing and regulating DFS contests, and reversed the 2018 and 2020 lower court decisions, which held DFS contests qualify as “gambling” under the New York Constitution and could therefore only be legalized through a constitutional amendment. continue reading

Connecticut Submits Amended Tribal Gaming Compacts in Next Step Towards Legalizing Sports Betting

As we reported previously, Connecticut enacted legislation on May 25, 2021, authorizing retail and online sports betting, online casino gaming and online daily fantasy sports, to be offered exclusively by the Connecticut Lottery Corporation and the state’s Mashantucket Pequot and Mohegan Indian Tribes. continue reading

Arizona Legalizes Retail and Online Sports Betting, Daily Fantasy Sports Contests

On April 15, 2021, Governor Doug Ducey signed legislation authorizing both retail and online sports betting in Arizona. The new law also legalizes daily fantasy sports contests, which have been prohibited in the state since 1998, when the state’s attorney general issued an opinion proclaiming that fantasy sports contests constitute illegal gambling. continue reading