When I discussed legalizing sports betting with Governor Markell a few months ago I asked what the chances were that we would be legally allowed to do it. He told me that they had submitted the question to the State Supreme Court for review. That report came back with some positive results for the administration, suggesting that it would be legal by the state constitution.
This did not surprise me in the least. This is the same court that found that calling a slot machine a “video lottery machine” made it legal. Never mind the fact that the constitution specifically forbids them:
§17. Lotteries and other gambling.
Section 17. All forms of gambling are prohibited in this State except the following:
(a) Lotteries under State control for the purpose of raising funds,
(b) Lotteries (other than slot machines, roulette, craps, and baccarat games) provided that each is sponsored and conducted under the limitations of Section 17B by companies, organizations, or societies which have been in existence for at least two years; provided, however, that no person who shall not have attained the age of 18 years shall participate in any lottery (where money is the prize) otherwise authorized by the Article. (6-2-83)
Wisely, the NFL et al., took their case to a place where the salaries of the judiciary were unaffected by the coffers of the state of Delaware, the Feds. The federal law exempted Delaware from their 1992 ban on sports betting, but only in a very limited way. Clearly, the feds take their laws and Constitution much more seriously.
Can we now move on here and find real sources of revenue? Also, I wonder who has “standing” to challenge the slots at the racetracks…