It is always nice to be cited in a published court opinion. I was included in the decision by New York’s highest Court legalizing fantasy sports.
Unfortunately, I was mentioned only in the Dissent.
Last year I predicted that the New York Court of Appeals would agree with all the lower courts and rule that the State Legislature did not have the power to legalize fantasy sports, because the State Constitution outlawed “gambling,” defined as any game where chance is a material element.
I was right. Except a majority on the High Court changed the definition of gambling. New York now joins almost every other state in defining gambling as a game determined more by chance than skill. My mistake was in expecting the justices to stick with a different definition, the one they have used since 1894.
So, what does this mean for the future of legal gambling in New York?
The New York Legislature recently legalized online sports betting. March Madness brought in $1.64 billion in bets.