Delaware Really Wants to Be Las Vegas
I'm a little late discussing the move by Delaware to legalize sports betting but it's still worth a mention. The state Supreme Court upheld the constitutionality of the recently enacted statute permitting sports betting to be run by the state lottery. The justices correctly found that sports betting, particularly a parley on professional football with the points spread, constitutes a lottery within the meaning of the statutory definition of a lottery being a game of chance. The NFL had argued that sports betting contained too much of a skill element to be a game of chance.
In a prior life, I had the opportunity to be involved in this identical type of case in Kentucky. The Kentucky lottery wanted to conduct what was essentially a parley game on professional football. After extensive research, including discussions with Las Vegas bookmakers and sports book operators and an exhaustive review of their historical data, I concluded that parley betting in particular is indeed a game of chance. If I remember the statistics correctly, and we're going back to the late 1980s here, the betting line favorite in NFL games beat the spread 50.1% of the time. You just don't get much more random than that. The lottery was then sued by the Kentucky Thoroughbred Association, among others, and the Supreme Court, in an unpublished decision (Order No. 89-SC-792-I (October 23, 1989) vacated a lower court decision against the lottery and remanded it to the trial court for further proceedings. The governor, however, bowed to political pressure and the game was never introduced. At the next legislative session, legislation was enacted (KRS 154A.063) that prevented the lottery from ever again attempting to conduct a game based on the outcome of an amateur or professional sporting event.
The NFL has chutzpah, I'll give them that;. They don't seem to be bothered one bit by the seeming contradiction of campaigning loudly on every rooftop about the evils of gambling, legal or otherwise, but if a lottery offers up sponsorship money, then, bam, those hands come out quicker than you can say lotto. Gambling is just fine when the money finds its way back into the ever increasingly large bank accounts of the NFL owners. It's only bad when the fans want to do it. Forget that the league was built on gambling and if there had never been a point spread invented, the NFL would still be playing in Canton.
Of course, hypocrisy isn't limited to the NFL. Remember the lawsuit in Kentucky back in 1989? Recall that the plaintiff was the Kentucky Thoroughbred Association which is a collection of horse breeders and owners looking out for the general welfare of the thoroughbred industry, which they felt would be threatened by money siphoned off to the lottery. Well, times have changed and now there is a movement afoot to bring casinos, or at least video lottery terminals (don't you just love these euphemisms for slot machines) to Kentucky. Who is leading the charge? Yep, the thoroughbred industry who want the casino or VLTs placed at the state's racetracks with a portion of the proceeds dedicated to purse money.
Now, personally, I think this is a good idea and the industry definitely needs the money to compete with racinos in nearby Pennsylvania and West Virginia. It's the same reason that the Delaware legislation, in something that seems to be flying below the national radar, authorized table games at its racetracks. Kentucky's horse industry is in trouble and does need the help. There were far too many short fields at Churchill Downs this spring and that spells trouble for the whole industry. It's too important to Kentucky not to help out. It's just the hypocrisy I have a problem with.
Labels: gaming, horse racing, lottery, National Football League, NFL, professional football, sports law















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