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Appeals Panel Upholds Ban On Sports Betting In N.J.; Supporters To Continue Fight

A federal appeals panel yesterday "upheld an earlier decision blocking New Jersey’s latest bid to allow Las Vegas-style sports betting at the state’s racetracks and Atlantic City’s casinos, effectively scuttling the plan for the rest of the year," according to a front-page piece by John Brennan of the Bergen RECORD. But supporters of the measure "vowed to continue their fight to legalize sports betting, which they see as a crucial way of boosting revenue at the state’s struggling horse tracks and casinos." They were "encouraged that it was the second time that a three-judge panel from the 3rd U.S. Circuit Court of Appeals in Philadelphia had failed to reach a unanimous decision." Darby Development legal advisor Dennis Drazin, whose company operates Monmouth Park, said, "While we are disappointed, our fight is not yet over." New Jersey Sen. Raymond Lesniak, who has been the "leading advocate for sports betting in the state, discounted the ruling" (Bergen RECORD, 8/26). In Newark, Brent Johnson in a front-page piece notes the ruling is "another setback in a case that has cost New Jersey taxpayers millions of dollars in legal fees -- but one that state officials say is crucial as they seek to revive financially strapped Atlantic City." The ruling also could "hinder similar efforts across the country to expand legalized sports wagering." Still, leading state lawmakers said that they and the New Jersey Racing Association will "appeal the decision to the full Third Circuit court." Experts have said that the case "could also make it as far as the U.S. Supreme Court" (Newark STAR-LEDGER, 8/26).

COMING SOON? In Las Vegas, J.D. Morris notes sports gambling firm William Hill CEO Joe Asher, whose company has more than 100 sports betting locations in Nevada, "remains confident that sports books are on their way to other states" (LAS VEGAS SUN, 8/26). FS1’s Kyle Brandt said, “We’ve got two states where you can smoke weed. ... (But) I can’t go in and bet fifty bucks on the Cowboys to cover the second-half over/under?” Brandt added, “The NFL has always liked the plausible deniability. It’s a nice, comfortable little blanket for them to say, ‘Gambling? What are you talking about? We don’t do gambling.’ Meanwhile, everybody is doing fantasy football." FS1’s George Wrighster: “They should definitely legalize this. Imagine how much tax revenue can come from this. … Everybody’s afraid of impropriety happening" (“Fox Sports Live: Countdown,” FS1, 8/26).

WHAT NOW? In N.Y., Joe Drape notes the ruling leaves legal gambling on pro and college sports "to a handful of states -- predominantly Nevada -- and the booming daily fantasy game industry." The ruling "comes at a time when the appetite for sports wagering is at an all-time high." Fantasy sports "operate under an exemption to the Unlawful Internet Gambling Enforcement Act of 2006, which outlawed online poker and sports betting." NBA Commissioner Adam Silver has said that he is "in favor of legalized sports gambling." But Drape notes the NBA "joined the NCAA, the NFL, the NHL" and MLB in the suit against New Jersey. NBA Exec VP/Communications Mike Bass said, "We agree with the Third Circuit’s decision reaffirming that the appropriate path to legal sports betting is through Congress." Meanwhile, the American Gaming Association indicated that the decision "would not stop its efforts to bring legal sports gambling to a broader audience" (N.Y. TIMES, 8/26). MLB Chief Communications Officer Pat Courtney said that the league is "pleased that the Third Circuit adopted the position of the sports leagues and the NCAA." NCAA Exec VP & General Counsel Donald Remy: "The NCAA maintains that the spread of legalized sports wagering is a threat to student-athlete well-being and the integrity of athletic competition." The NFL said that it "had no comment on the decision" (ESPN.com, 8/25).

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