Federal ban on sports betting upheld
August 25th, 2015 at 2:02:17 PM
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Federal ban on sports betting upheld by appeals panel in Philadelphia
By Wayne Parry / Associated Press
ATLANTIC CITY, N.J. — The federal ban on sports betting in all but four states was upheld today, dealing a blow to New Jersey’s latest effort to expand gambling options to help its struggling casinos and racetracks.
But the 2-1 ruling by a panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia left the door open for New Jersey to further appeal the matter to the full court.
“We are reviewing the opinion, and the dissent, and considering our legal options,” said Leland Moore, a spokesman for the state Attorney General’s Office.
The state has been trying since 2009 to legalize sports betting at its casinos and racetracks. Four of Atlantic City’s 12 casinos closed in 2014.
At issue in the appeal was whether a 2014 New Jersey law repealing prohibitions against sports gambling violates a 1992 federal ban in all states except Nevada, Oregon, Montana and Delaware.
Before the ban was enacted, New Jersey was given the chance to become the fifth state but failed to act during a prescribed window.
State Sen. Ray Lesniak said the judges got it wrong and predicted the case would be appealed shortly.
“We repealed a law for sports betting at casinos and racetracks, and that does not violate” the federal ban, said Lesniak, a Democrat. “We are allowed to do that.”
Judges Maryanne Trump Barry, the sister of Republican presidential candidate Donald Trump, and Marjorie Rendell ruled that the state can’t use “clever drafting” to get around the federal ban, citing language in the 2014 law that it “shall not be construed as causing the state to sponsor, operate, advertise, promote, license, or authorize” sports betting.
Judge Julio Fuentes dissented to the panel’s decision.
Republican Gov. Chris Christie’s administration issued a directive in September 2014 that the state wouldn’t enforce a ban on sports betting. None of the casinos or racetracks began taking bets, however, as the court fight continued, and a federal judge ruled against Christie two months later.
Geoff Freeman, president of the American Gaming Association, the casino industry’s national trade organization, said Tuesday’s court ruling cries out for closer scrutiny of the issue.
“With Americans betting at least $140 billion on sports illegally each year, it’s clear that current law is not achieving its intended result,” he said in an email.
Major League Baseball, the National Football League, the National Basketball Association, the National Hockey League and the NCAA all support the ban, saying it upholds the integrity of the games in the public’s mind.
NBA Commissioner Adam Silver and MLB Commissioner Rob Manfred have separately expressed some level of support for taking a new look at sports betting outside Nevada, the only state to allow wagers on individual games at betting parlors.
NFL spokesman Greg Aiello declined to comment. “The decision speaks for itself,” he said.
New Jersey’s earlier efforts to overturn the ban in court were rebuffed when the U.S. Supreme Court declined last year to hear its challenge to the federal law. The state also began allowing Internet gambling in 2013.
Daniel Wallach, a sports and gambling attorney with the Fort Lauderdale, Florida-based law firm of Becker & Poliakoff, has been monitoring New Jersey’s bid to expand its gambling options. He said the ruling was “a major setback,” but he believes the state has a good chance of obtaining a hearing before the full court.
But even if the state is successful, he said, it would likely be five to seven years before legal sports betting started in New Jersey.
“There will be no legal sports betting in New Jersey in 2015, that’s for sure,” Wallach said.
http://www.post-gazette.com/sports/other-sports/2015/08/25/Federal-ban-on-sports-betting-upheld-by-appeals-panel-in-Philadelphia/stories/201508250154
By Wayne Parry / Associated Press
ATLANTIC CITY, N.J. — The federal ban on sports betting in all but four states was upheld today, dealing a blow to New Jersey’s latest effort to expand gambling options to help its struggling casinos and racetracks.
But the 2-1 ruling by a panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia left the door open for New Jersey to further appeal the matter to the full court.
“We are reviewing the opinion, and the dissent, and considering our legal options,” said Leland Moore, a spokesman for the state Attorney General’s Office.
The state has been trying since 2009 to legalize sports betting at its casinos and racetracks. Four of Atlantic City’s 12 casinos closed in 2014.
At issue in the appeal was whether a 2014 New Jersey law repealing prohibitions against sports gambling violates a 1992 federal ban in all states except Nevada, Oregon, Montana and Delaware.
Before the ban was enacted, New Jersey was given the chance to become the fifth state but failed to act during a prescribed window.
State Sen. Ray Lesniak said the judges got it wrong and predicted the case would be appealed shortly.
“We repealed a law for sports betting at casinos and racetracks, and that does not violate” the federal ban, said Lesniak, a Democrat. “We are allowed to do that.”
Judges Maryanne Trump Barry, the sister of Republican presidential candidate Donald Trump, and Marjorie Rendell ruled that the state can’t use “clever drafting” to get around the federal ban, citing language in the 2014 law that it “shall not be construed as causing the state to sponsor, operate, advertise, promote, license, or authorize” sports betting.
Judge Julio Fuentes dissented to the panel’s decision.
Republican Gov. Chris Christie’s administration issued a directive in September 2014 that the state wouldn’t enforce a ban on sports betting. None of the casinos or racetracks began taking bets, however, as the court fight continued, and a federal judge ruled against Christie two months later.
Geoff Freeman, president of the American Gaming Association, the casino industry’s national trade organization, said Tuesday’s court ruling cries out for closer scrutiny of the issue.
“With Americans betting at least $140 billion on sports illegally each year, it’s clear that current law is not achieving its intended result,” he said in an email.
Major League Baseball, the National Football League, the National Basketball Association, the National Hockey League and the NCAA all support the ban, saying it upholds the integrity of the games in the public’s mind.
NBA Commissioner Adam Silver and MLB Commissioner Rob Manfred have separately expressed some level of support for taking a new look at sports betting outside Nevada, the only state to allow wagers on individual games at betting parlors.
NFL spokesman Greg Aiello declined to comment. “The decision speaks for itself,” he said.
New Jersey’s earlier efforts to overturn the ban in court were rebuffed when the U.S. Supreme Court declined last year to hear its challenge to the federal law. The state also began allowing Internet gambling in 2013.
Daniel Wallach, a sports and gambling attorney with the Fort Lauderdale, Florida-based law firm of Becker & Poliakoff, has been monitoring New Jersey’s bid to expand its gambling options. He said the ruling was “a major setback,” but he believes the state has a good chance of obtaining a hearing before the full court.
But even if the state is successful, he said, it would likely be five to seven years before legal sports betting started in New Jersey.
“There will be no legal sports betting in New Jersey in 2015, that’s for sure,” Wallach said.
http://www.post-gazette.com/sports/other-sports/2015/08/25/Federal-ban-on-sports-betting-upheld-by-appeals-panel-in-Philadelphia/stories/201508250154
August 25th, 2015 at 7:22:17 PM
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Quote: zoobrewFederal ban on sports betting upheld by appeals panel in Philadelphia
By Wayne Parry / Associated Press
ATLANTIC CITY, N.J. — The federal ban on sports betting in all but four states was upheld today, dealing a blow to New Jersey’s latest effort to expand gambling options to help its struggling casinos and racetracks.
But the 2-1 ruling by a panel of the 3rd U.S. Circuit Court of Appeals.....
Judges Maryanne Trump Barry, the sister of Republican presidential candidate Donald Trump, and Marjorie Rendell ruled....
Judge Julio Fuentes dissented to the panel’s decision.
Republican Gov. Chris Christie’s administration issued a directive in September 2014 that the state wouldn’t enforce a ban on sports betting. None of the casinos or racetracks began taking bets, however, as the court fight continued, and a federal judge ruled against Christie two months later....
The irony is beyond compare. Especially considering 3rd District is Delaware, all of Pennsylvania, NJ, and the VI, and PA and DE are both major drains on AC traffic, coming decades later. The politics have got to be Alice down the rabbit hole weird.
If the House lost every hand, they wouldn't deal the game.
August 26th, 2015 at 8:38:15 AM
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"Major League Baseball, the National Football League, the National Basketball Association, the National Hockey League and the NCAA all support the ban, saying it upholds the integrity of the games in the public’s mind."
They state the above in the article. "Upholds the integrity of the games". Really? But they won't throw the book at an athlete who conspired to fix games (Brady)?
Oh yea, and it's okay to bet on sports thru sites like "FanDuel". Terribly inconsistent in their beliefs. "Go ahead and bet on players, you can't bet on the teams though.......because we want to uphold the integrity of the game". What a load of crap!!
They state the above in the article. "Upholds the integrity of the games". Really? But they won't throw the book at an athlete who conspired to fix games (Brady)?
Oh yea, and it's okay to bet on sports thru sites like "FanDuel". Terribly inconsistent in their beliefs. "Go ahead and bet on players, you can't bet on the teams though.......because we want to uphold the integrity of the game". What a load of crap!!
DO NOT blindly accept what has been spoken.
DO NOT blindly accept what has been written.
Think. Assess. Lead. DO NOT blindly follow.
August 26th, 2015 at 8:52:10 AM
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There's a federal ban on marijuana but states are ignoring that too. Just ignore this ban also.
DUHHIIIIIIIII HEARD THAT!
August 26th, 2015 at 9:04:56 AM
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Quote: IbeatyouracesThere's a federal ban on marijuana but states are ignoring that too. Just ignore this ban also.
They can't because the Feds control the money. Ask any marijuana business owner his #1 problem and they will say banking. Can you see any casino succeeding with out access to banks.
August 26th, 2015 at 9:06:36 AM
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Who ever said you have to use a bank?
DUHHIIIIIIIII HEARD THAT!
August 26th, 2015 at 12:36:51 PM
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The online casinos certainly have found a way to make it work.Quote: zoobrewThey can't because the Feds control the money. Ask any marijuana business owner his #1 problem and they will say banking. Can you see any casino succeeding with out access to banks.
"Dice, verily, are armed with goads and driving-hooks, deceiving and tormenting, causing grievous woe." -Rig Veda 10.34.4
August 26th, 2015 at 1:21:33 PM
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I've seen a couple documentaries on this, because Florida is also heavily involved in legislating/legalizing MM. The legitimate businesses are required in some places, but good business practices in all places, to maintain perfect records and a commercial bank account for all receipts and expenses. And the banks don't want their business because of possible illegal activities associated with the drugs, real or imaginary, such as money laundering, conflicting possession laws, federal statutes for reporting the banks must comply with, many other complications. The MM businesses have a lot of difficulty getting business loans or property mortgages as well, because property and assets can be seized or forfeited under current drug laws, and that could leave the bank with an empty unsecured loan in the end.
There's also a huge amount of money involved. With a lot of strains retailing for $400+/oz, dispensaries are turning over huge amounts of money, even if they're not netting that much (and most of them are). It's in the millions/year for even a small dispensary. A lot of processes involve sub-contractors as well, with baked goods, oils, other processed cannabis goods being produced by third parties for approved sale, so vendor contracts and payments going through that account can be troublesome for the bank as well.
There's also a huge amount of money involved. With a lot of strains retailing for $400+/oz, dispensaries are turning over huge amounts of money, even if they're not netting that much (and most of them are). It's in the millions/year for even a small dispensary. A lot of processes involve sub-contractors as well, with baked goods, oils, other processed cannabis goods being produced by third parties for approved sale, so vendor contracts and payments going through that account can be troublesome for the bank as well.
If the House lost every hand, they wouldn't deal the game.
August 26th, 2015 at 2:28:49 PM
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Quote: IbeatyouracesThere's a federal ban on marijuana but states are ignoring that too. Just ignore this ban also.
This would be trickier. As, the money can easily be electronically traced and tracked and seized from the states with ease. And, they would probable lose all sorts of Federal funding.
Marijuana, its easier for the Federal government to turn a blind eye (in most cases) because its a good source of income and creates jobs, and its harder to track and less profitable to seize.
