For DraftKings And FanDuel, Focus Is On States The place Every day Fantasy Sports activities Is Unlawful, Or Would possibly Be

Final yr, the daily fantasy sportsbook business was all about racking up wins wherever it may on the legislative entrance. That strategy from business leaders DraftKings and FanDuel led to eight states legalizing and regulating paid-entry fantasy sportsbook.

The carpet-bombing strategy continues to be in impact, with fantasy sportsbook laws showing in about half of the states in 2017 up to now. However for the brief time period, the main focus seems to be on states the place:

  • DFS is illegitimate;
  • The legality of DFS is in query;
  • A invoice exists that would make DFS unlawful.

In fact, the states that examine off any of these packing containers is an extended one. Here’s a take a look at a few of these states, and the place issues stand:

Georgia and DFS

State No. 1A proper now for DFS is Georgia. Why?

First, DFS takes place in a grey space there. DraftKings, FanDuel and different operators typically serve the state regardless of a privately issued memo from the state’s lawyer common saying DFS is probably going unlawful playing within the state. That differs from AG opinions on DFS in different states, the place formal opinions had been issued publicly.

Second, the state has simply two days on its legislative calendar: Tuesday and Thursday. The urgency was obvious final week. Lobbying for the fantasy sportsbook business bought critical when former Atlanta Braves pitcher Tom Glavine was introduced into push the invoice.

One invoice — H 118 — already made it by means of the Home and is awaiting a vote within the Senate. Fantasy sportsbook language was additionally tacked onto an current invoice that can also be within the Home, at present. Extra on that second invoice right here.

Georgia is the important thing state this week. However others loom.

Alabama and DFS

If time in Georgia weren’t so brief, Alabama may be No. 1 in immediacy phrases.

A invoice — H 354 — is in entrance of the total Home, with a vote presumably on the agenda subsequent week.

The legality scenario in Alabama is even worse than in Georgia, as just about all operators left the state after the AG requested DraftKings and FanDuel to go away.

Extra on the micro-political dynamic from

Mentioned Alabama Home Speaker Mac McCutcheon, R-Monrovia, “I’ve heard from many of us throughout the state that would love for us to deal with this subject. Whether or not or not one of these exercise is playing is a debate I anticipate the Legislature can have.”

As soon as Georgia wraps up, search for Alabama to take heart stage.

Oregon and DFS

Oregon isn’t a spot the place the DFS debate has been had in any respect, up till now. That’s set to alter this week, as two payments are scheduled for a listening to in a Home Enterprise and Labor Committee on Wednesday.

Oregon won’t transfer the needle for some, however there are a number of the explanation why it ought to:

  • One of many two payments would label DFS a “contest of probability,” a designation the business has fought tooth and nail to keep away from.
  • Exterior of the lottery, the state’s tribes conduct a lot of the playing. The DFS business has run up towards pushback — generally leading to scuttled payments — from tribes in quite a lot of states.
  • The state has a novel place within the sportsbook betting panorama, as considered one of 4 states excluded from the federal sportsbook betting ban — PASPA — at the very least partially. The state lottery as soon as provided sportsbook betting parlays by way of its Sports activities Motion product, nevertheless it was discontinued as a part of an settlement with the NCAA. Whether or not this dynamic surfaces by way of the DFS debate will likely be fascinating to look at.

Regardless, the DFS business wish to head off any makes an attempt so as to add one other state to the record of grey or black markets.

Texas and Florida

The sheer measurement of each of those states makes them worthwhile targets for gaining authorized readability.

Texas daily fantasy sportsbook options the upper stakes of the 2:

  • FanDuel doesn’t function there however DraftKings does after a adverse AG opinion. The 2 firms are planning to merge this yr.
  • If Texas doesn’t move a regulation this yr, the legislature doesn’t convene once more till 2019.

Florida is simply as massive of a prize with out the identical proximate considerations on legality (though they do linger within the background). A listening to will likely be held this week on a standalone invoice. DFS has gotten caught up in the course of a bigger dialogue relating to playing and the Seminole Tribe.

However Florida stays a spotlight for the business within the brief time period.

Ready within the wings on DFS

There are many different states the place DFS is a excessive precedence for the business. (The next isn’t meant to be an all-inclusive record.)


Iowa is considered one of 5 states the place DFS has at all times been thought of unlawful underneath current state regulation. Turning any of those 5 states to the optimistic class — irrespective of its measurement — can be seen as a giant win for the indsutry.

A invoice to legalize DFS cleared a Home committee and might be up for a vote as quickly as this week.


Vermont is one other state with a adverse AG opinion on the books. A invoice within the Senate not too long ago began making progress.


Like Oregon, there hasn’t been a ton of DFS debate in Ohio. However an business lobbyist stated the state was prone to move a invoice this yr.

Additionally like Oregon, laws has surfaced that may make DFS unlawful.