DE Supreme Court Rules Sports Betting Legal

Filed in Delaware by on May 28, 2009

This is Big News.

From the Governor’s Office:

In their 21 page opinion, the five Justices unanimously concluded that the authorization of a state-controlled “lottery” in the Delaware Constitution is not limited to games of pure chance.  Rather, games involving some skill are constitutional as long as chance is the dominant factor.  In so doing, the Justices also unanimously concluded that a parlay sports lottery is a constitutional game under this standard, citing Judge Walter K. Stapleton’s 1977 decision inNational Football League v. Governor of the State of Delaware.  The Justices also unanimously concluded that the sports lottery proposal, as embodied in the recently enacted House Substitute 1 to House Bill 100, is properly “under State control,” as required by the Delaware Constitution, and that the legislation does not otherwise impermissibly delegate legislative power to the lottery director.  The Court was not able to decide specifically whether a single game sports lottery is constitutional because the unique nature of a request for an opinion of the Justices does not provide the opportunity to develop the factual record necessary to make that decision.  However, with the Court’s rejection of the “pure chance” standard, the State Lottery Office maintains that the single game sports lottery, with a proper betting line, meets the dominant factor test.

“I am very pleased with the Supreme Court’s decision,” said Gov. Markell.  “This decision resolves the legal issues that have been presented and provides a solid legal framework for our sports lottery.  With this guidance in hand, we are moving forward with implementing a successful sports lottery in Delaware.”

Hard to believe that betting on NFL games could start as early as this fall, but there you have it. And, whether you agree or disagree with the policy, Markell and his team deserve points for moving this initiative through so effectively.

LG Adds:  Link to the opinion (PDF format)

h/t John Manifold

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  1. anonone says:

    Does this hurt or help the Eagles?

  2. oh hai says:

    Does it matter if it hurts or helps the Eagles? As long as they bus the team down to bet before the games… bring on that out of state money!

    What is good for Delaware, is good for the Eagles.

  3. Well, it hurts the Eagles’ chances of striking a deal w/the State to have a promotional tie-in on state lotteries, unlike other states where the hypocritical folks from the NFL are promoting such gambling/football alliances.

    Here’s what Sports Illustrated’s Peter King, ‘bulo’s fave football writer, had to say about that:

    ” I think it’s ludicrous the NFL draws such a hard line against gambling in a state — like it is in Delaware right now — and at the same time the league is making deals with states around Delaware to put team logos on lottery tickets. I know one form of gambling is illegal (in 49 states) and the other is legal countrywide. But the rush to put your helmet on an instant-lottery game, as the Patriots did last week, quite literally on the same day the league had lawyers in Delaware arguing against sports gambling is somewhere between ridiculously ill-timed and totally disingenuous.”

  4. jason330 says:

    Jason’s rule of sports betting: You will never go broke betting against the Eagles.

  5. anon says:

    Suddenly the Eagles know where Delaware is.

  6. Arthur: ‘Bulo deleted your comment. He knows that it’s a tough one to call, but he thought that, even by DL standards, you just went too far.

    Feel free to dial it back & try again.

  7. Mark H says:

    “You will never go broke betting against the Eagles”

    You may never get ahead betting with the Eagles either 🙂

  8. FSP says:

    Sports betting? Feh.

    Bulo determining that SOMEONE ELSE went too far?

    Now that’s priceless.

  9. FSP: ‘Bulo censored for what he felt was over-the-top gratuitous sexual content. The Beast Who Slumbers generally steers clear of that style of discourse, and, in this case, he felt it was clearly inappropriate.

    Jabs at El Somnambulo are still welcome, if for no other reason than to keep ‘bulo’s verbal jousting skills sharp.

  10. Von Cracker says:

    what does that mean?

    or is Dave practicing stand-up with 10 year-old played-out quips?

    Either way, step into the 21st century, and bring your party with ya! lol!

  11. Now you’re making me curious as to what was deleted.

  12. anon says:

    Does anyone get the sense republicans seem awful bitter and petty these days. Markell ran on passing sports betting. He got it done. The court ruled in his favor, quickly and unanimously.

    We already have gambling in the state. We were grandfathered for sports betting, it would be stupid not to take advantage of it. It will raise money and lets hope help to balance the budget and keep OUR taxes down. It will create jobs. Instead of money being wagered illegally thru bookies and online, it will be wagered and taxed here. The state will see an increase in people coming to the state. Eventually, more jobs and businesses will open and prosper. Isn’t that what republicans are for? Then again, with the democrats getting things done, it figures to be a long couple of decades for the GOP.

    Never bet against the Dems.

  13. arthur says:

    I can tell you exactly what it was UI…it was a comment so amazingly genius that it could be considered the blogs Pick of Destiny. bulo was so blown away by it that he is shuddering through a life changing experience that will leave him either a shell of his former self or a beacon of greatness for all to follow.

  14. FSP says:

    “Instead of money being wagered illegally thru bookies and online, it will be wagered and taxed here. ”

    Why would anyone drive 100 miles to bet where their winnings will be taxed when they could stay home, bet with a bookie and have it not taxed? Didn’t Harrington Raceway predict that sports betting would not increase their bottom line at all?

    I’m not opposed to sports betting, but to treat Markell like some deity for supporting it is silly. It has had enough legislative support for years, but the previous Governor opposed it.

    “Never bet against the Dems.”

    Except, of course, that it wasn’t until the Republicans in the House were satisfied that the bill actually passed. But hey, facts are stubborn things.

  15. Dorian Gray says:

    “(O)ver-the-top gratuitous sexual content” – damn now I really wish it wasn’t deleted.

    Joking aside, the only thing that type of comment might do is offend somebody, if so, who cares.

    I don’t like this removing comments stuff, but hey, it’s your sandbox.

  16. RSmitty says:

    @#12: Does anyone get the sense republicans seem awful bitter and petty these days. Markell ran on passing sports betting. He got it done. The court ruled in his favor, quickly and unanimously.

    Um…opposition of the sports betting…expanded gambling for that matter, was hardly a partisan front in terms of party. That was weak. Quite frankly, Jason was pretty much damning the thought, until…this go around. I was for it from the get go (except the horde of locations, that I think is pie-in-the-sky projections from this). Jason and I had some back-and-forth on this a long while ago. Of course, we are just two tiny examples in the big picture. There are handfuls of Dems and Reps (people in general, not only politicos) who are for it and handfuls of Dems and Reps against it. It was more drawn down the line of where you stand on the morals of gambling. The bitter Republican argument is better fit on the gay marriage posts here. If you go quick, you can catch David A and Mike burning up the comment threads as I type!!!

  17. Von Cracker says:

    Has it been decided if the state will allow straight bets or only parlays?

    Markell has to know that the straight bet will pull in much more cash ….

  18. RSmitty says:

    Didn’t Harrington Raceway predict that sports betting would not increase their bottom line at all?

    I have to be honest Dave, given their behavior in particular through this, I am not going to trust much of what they have to say for a loooong time. They earned that treatment.

  19. Von Cracker says:

    Ah, re-read the post and answered my own question.

  20. FSP says:

    “I have to be honest Dave, given their behavior in particular through this, I am not going to trust much of what they have to say for a loooong time. They earned that treatment.”

    I don’t believe them either, but logic says that if they were going to make a boatload of money off of it, they’d have come along easily.

  21. RSmitty says:

    Well, Dover Downs certainly changed their tune once they accepted the fate. Freaking happy days there. Then…look at DE Park. The infrastructure already existed, for crying out loud. Maybe…maybe Harrington’s beef is that they couldn’t see past their own nose (unlike DD and DP) and felt left out (sarcasm).

  22. Arthur wrote:

    “bulo was so blown away by it that he is shuddering through a life changing experience that will leave him either a shell of his former self or a beacon of greatness for all to follow.”

    Closer to the former than the latter. To quote Count Floyd: “Hoo boy, kids, that’s real-l-l-ly scary!”

  23. I think betting should be cool across the board. if folks wanna do it – let ’em.