UPDATE 3: Sports Betting Appeal Hearing
The NJ reports:
announced that not only did they think there was a “likelihood” the leagues would prevail at trial, but had decided the state’s plan violated the Professional and Amateur Sports Protection Act of 1992.
Likelihood that the leagues would prevail — that sounds dire.
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Reuters updated their article with some detail on the ruling. Apparently they really don’t like the single bet scheme:
Judge McKee ruled Delaware’s plan does not qualify for an exception and said there may be a risk that if a player suddenly and unexpectedly makes a move that turns the outcome of a game on which betting is allowed, the integrity of that game may be called into question.
“People are going to begin to wonder, did he throw that game?” the judge said.
Andy Bouchard, an attorney for Delaware, argued that the state’s proposal meets the definition of a lottery, as allowed by the 1992 law, and so does not violate the its intent of preventing the spread of gambling.
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UPDATE: Reports from all over note that the panel came back and ruled against Delaware:
A U.S. appeals court ruled on Monday that a plan by Delaware to allow sports betting violates federal law, siding with major sports leagues who had argued it would promote game fixing.
A three-judge panel on the U.S. Court of Appeals for the Third Circuit ruled against the state which wanted to allow betting on single games in all the major sports from Sept. 1 at three of its racetrack betting locations.
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Most of you know that today is the day that the State of Delaware and the NFL, et al show up in the 3rd Circuit Court of Appeals to try again to roll back the State’s plan to parley bets only until the court case is settled in December or so.
USA Today provides some reporting on the hearing this AM:
Judge Theodore McKee questioned how Delaware’s proposed sports lottery would diminish the integrity of sports as an attorney for the four major sports leagues and the NCAA presented his case in front of the 3rd Circuit Court of Appeals on Monday.
McKee recalled listening to the NFL Network on Sirius/XM Radio and hearing the hosts freely discuss betting on football
“There’s constant chatter and betting advice given by people — since the league owns the network — paid by the league,” McKee said. “Isn’t this like chicken little yelling the sky is falling at the same time selling tickets to watch meteor showers?”
I wish that this article talked about what the response from the NFL lawyer was. I also hope he asked what the difference was on sports betting and the branded lotto games they support through states. There is a decision expected by the end of the week.
Tags: sports betting
WDEL reports that the panel has ruled against Delaware.
Same with ESPN.
Same with NPR.
The Reuters article I linked to above says that there will be a written decision released later today.
Anyone have any thoughts on what happens from here on out?
I thought they were ruling if the NFL could get a stay until December, not whether it was illegal or not. Was this some sort of trick play?
Regardless of whether it is merely a stay, or whether Delaware’s likely appeal ends with the same result, it means that there will be a revenue shortfall for the State.
It COULD mean a Special Session to address the shortfall…or it could wait until January. Either way, the budget gap is gonna have to be closed sooner or later.
Forget taking an injunction to SCOTUS, unless it’s about a death penalty injunction (economies don’t count in that phrase). They could hear it, but the liklihood is low.
As I keep pestering the ESPN board and twice on the Snooze Journal, anyone know if the NC$$ lifted their playoff-hosting ban against Delaware schools yet? It took them only half this time to enact the ban.
I wonder if it would be better to do a Special Session sooner rather than later — 2010 is an election year and the GA is likely to be even more dysfunctional than usual.
Well, if it is only a stay and it gets lifted, then the only shortfall would be about 4 months of sports betting revenue. However, if it becomes permanent, it’s 10 months of sports betting revenue for FY ’10 (from Sept. 1, 2009 to June 30, 2010). Not to mention the problems it poses for the out years. Too early to call for a Special Session just yet.
BTW, you’ll probably have a Special Session of the Senate in any event for appointments. That is fairly standard procedure.
Special session to start table gaming early??
Sports gambling in DE aside, this really has me burning. How did an injunction hearing before a panel of three circuit court judges suddenly turn into a legal decision on the entire case, that was supposed to be heard later? I obviously don’t have a legal background, so how in the hell did that happen?
When will the NCAA lift their playoff-hosting ban against DE schools?
When will the NCAA ENACT their playoff-hosting ban against NV schools?
When will someone have the balls to challenge the anti-trust exemption of the NCAA?
When will the NCAA lift their athletes above a poverty-level lifestyle, given the revenue stream they receive via their highly-favorable anti-trust exemptions?
When will the NFL address their LICENSED media affiliates glorifying point spread predictions?
When will the NFL pull their LICENSING of their team logos to various state lotteries for $20 scratch off tickets?
When will the NBA address the owner of the Sacramento Kings who also has partial ownership of a Las Vegas casino?
Ungh. Freaking g-damned hypocrites!
So much for Schwartzkopf’s ‘expertise’ on the legal issues (as he proclaimed to have on WGMD). There’s almost no chance for certiorari, since it was a 3-0 Circuit Court panel decision…and little chance for an en banc retrial, for the same reason. Of course, anyone who could read should have known that Delaware’s position was dead in the water. And no, I’m not vehemently opposed to sports betting (although I feel it hurts those who can least afford to lose).
“Roma locuta causa finita.”