EASL Blog Post - Part 2: The Fight for Sports Betting in NJ Continues
By James E. Woodson III, Esq.
In the continuing saga that is the fight to legalize sports betting in New Jersey, U.S. District Judge Michael Shipp sided with the NCAA and the professional sports leagues on Friday by ruling that the state’s attempt to lift the ban on sports betting violated federal law.
The Professional and Amateur Sports Protection Act prohibits sports betting in effectively all but four states – Oregon, Delaware, Montana, and Nevada. In an effort to deliver a shot in the arm to the gambling industry in Atlantic City, New Jersey has attempted to circumvent PASPA in various ways over the last several months. Most recently, Governor Christie issued an Executive Order directing the State’s Attorney General to not prosecute violators of PASPA in the state. The Legislature followed the order with a bill that lifted the ban on sports betting in the state as it pertains to casinos and tracks.
However, Judge Shipp’s opinion held that the state’s actions, such as limiting sports gambling to certain places, amounted to regulation, which is clearly prohibited in PASPA. Instead of circumventing the law through state legislation, Shipp suggested that the State take its case to Congress who could either amend PAPSA or abolition it altogether.
In response to Shipp’s ruling, however, chose a different approach and filed an appeal, taking the case to the Third Circuit Court of Appeals.
"For now, it's status quo,” said Dennis Drazin, an adviser to Monmouth Park racetrack, which planned to offer sports betting in October prior to the plaintiffs’ filing suit. “Nevertheless, we remain confident that the Third Circuit will render a favorable result for Monmouth Park," said Drazin.
Beyond its case in the Third Circuit, things may be looking up for New Jersey, as Adam Silver, Commissioner of the National Basketball Association, a plaintiff in the suit against New Jersey, announced in a New York Times op-ed that he was in favor of sports betting and believed that it was a part of the NBA’s future.
To read more on these recent developments, visit:
• http://www.mycentraljersey.com/story/news/local/new-jersey/2014/11/21/nj-sports-betting-setback/19378471/
• http://www.my9nj.com/story/27454930/judge-denies-sports-betting-in-nj
• http://www.nytimes.com/2014/11/22/nyregion/judge-rules-sports-betting-is-still-illegal-in-new-jersey.html?_r=0