Newswise – According to the Fantasy Sports & Gaming Association, more than 30 million Americans play fantasy sports (DFS) daily. As the National Football League season begins and Major League Baseball is in full swing, Albany Law School’s Government Law Center (GLC) explores “White v. Cuomo: What Comes Next After Daily Fantasy Sports Gambling in New York? in his last explanation.
In March, the Court upheld a 2016 law allowing DFS in New York, in a 4-3 decision. The Court determined that jurisdiction prevails in the DFS and therefore contests are not subject to the state’s historic ban on gambling.
“Court rulings on what constitutes gambling in various states have had seemingly endless unintended consequences. Any decision attempting to draw a clear line on what constitutes permitted quasi-gambling is likely to be subject to many legal, logical and ironic questions. This is evident in New York State, whose constitutional provision has been debated with little resolution for more than 125 years,” writes author and government attorney-in-residence Bennett Liebman. “
Although the immediate tax and legal ramifications may be minimal, Liebman points out that the impact of the decision could increase. To name a few examples, Chess Matches/Tournaments, Fishing Tournaments, Darts Competitions, Trivia Games, Nearest Pine Golf, Non-Poker Poker and Card Tournaments, Betting on football, exchange betting and esports could all be, arguably, constitutional in New York.
“The decision in White v. Cuomo may not have significant tax consequences for the state or for companies that hold DFS contests. Given the need for the legislature to find a way around the lower threshold definition of “gambling” in criminal law, no immediate quasi-gambling operations may be approved in New York. Nevertheless, in the years to come, as more and more quasi-gaming contests sought legislative authorization in New York, the decision in White v. Cuomo will be of great importance. We will learn in the years to come whether this decision, with its slippery slopes, establishes a bright, clear line or a cloudy thin line,” Liebman concludes.
Read the explanation here.
A modified version can be found in the Gaming Law Review.
The Explainer is the latest in a series from the GLC that concisely outlines the law that applies to important public policy issues. The GLC has also created explanations on a variety of topics, including state constitutional amendments, voting rights, government ethics reform, redistricting in New York, immigration, aging, and police policy, among others.
Learn more here.