Daily Fantasy Sports And Gambling

Published 12:00 PM EDT Sep 7, 2018

The sports gambling industry had a big win in May when the U.S. Supreme Court overturned a federal law that banned wagering on college and professional games nationwide.

After citing the Professional and Amateur Sports Protection Act of 1992 as unconstitutional, the Supreme Court left gambling legalization to individual state legislatures.

Fantasy sports-betting has been around for a long time but in the last few years it has absolutely exploded in popularity. Millions of people have signed up, drafted their own teams and are competing for real money. 'The open connection with (daily) fantasy sports is an indication that the great wall barrier between the professional sports associations and Internet gambling is crumbling even faster,' gambling.

A study by Eiler & Krecjik Gaming in May predicted 32 states will have legalized sports gambling in five years, and 14 states within two years.

But nine states including Arizona still prohibit in daily fantasy sports (DFS) sites.

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Here is a breakdown about the Arizona state law on sports gambling and fantasy sports.

Law needs clarity

Despite Gov. Doug Ducey tweeting his support for legalized sports gambling in Arizona, the Arizona Gaming Department has not changed its position to alter its compact with tribal casinos, horse racing and the state lottery.

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The compact is an agreement that allows gambling in those arenas, but not sports.

However, Stacie Stern, executive vice president of the Fantasy Sports Trade Association and manager of Government Affairs for FanDuel said there is nothing specified in the compact about fantasy sports.

Daily Fantasy Sports And Gambling

'There is not a specific law in the books that bans paid fantasy sports contests,' Stern said.

'But it's really rather unclear or not spelled out from the perspectives of fantasy sports operators, whether it's a [daily fantasy sports site] like FanDuel or DraftKings or a season-long like Yahoo or CBS [Sports]. It's just because there is no clarity here.

'That's part of the reason there hasn't been operation in this state for the residents of Arizona.'

Stern doesn't want fantasy sports participation to be considered gambling. Instead, she said there is distinction between paying an entry fee and receiving payouts 'under the table' from DFS participation versus illegal gambling practices.

'I've had the (Arizona) Attorney General (Mark) Brnovich tell me that would fall under the 'Amusement gambling' statute,' she said.

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Sports

'If you and I are playing in a league and all of that money is being paid out to the winner — or winners, however the league designates that money — because there is no money going to an operator or a commissioner, there is no fee being charged, then that would be legal in Arizona.'

Growth of fantasy and sports gambling

According to the Fantasy Sports Trade Association, the U.S. and Canada have a record-high 59.3 million fantasy sports participants and 64 percent of them watch live sports because of fantasy sports.

In July, the NBA announced its partnership with the MGM in Las Vegas.

'We're seeing a conversation of changing attitudes about how people should be able to spend their money in an activity that they like to do,' Stern said.

'What sports betting has done actually is it really differentiates itself from fantasy sports. Both require skill, research. Fantasy sports is social inherently. You're doing it with your coworkers, your friends, and your family. Even if you are paying an entry fee.'

Is Fantasy Football Gambling

Arizona petition

Online fantasy sports gambling

There is little hope at the moment for Arizona residents who love fantasy sports and gambling on games. But this shouldn't stop them from exercising their right to petition to modify that state-authorized law.

'It's good for fantasy sports participants and fans who are fervent about their pastime and hobby to email and reach out to their legislators,' Stern said.

'Lawmakers want to know what their voters and constituents think, what they believe. What do they care about? And because fantasy sports is a lot of fun, we don't typically think of emailing our legislators because we don't know that we can even have a voice or make a difference.'

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Published 12:00 PM EDT Sep 7, 2018