After a long and arduous legal battle, operators of daily fantasy sports in New York can finally exhale.
In its Tuesday ruling, the New York Court of Appeals deemed DFS constitutional .
In a 58-page decision written by Chief Justice Janet DiFiore, the Appeals Court essentially ruled that — under a 2016 state law — DFS is a game of skill as opposed to a game of chance, i.e., gambling.
The judge’s vote proved to be 4-3.
Judges DiFiore, Madeline Singas , Anthony Cannataro and Hector LaSalle voted that DFS was constitutional. However, judges Rowan Wilson , Jenny Rivera and Shirley Troutman voted that DFS was unconstitutional. What this means for daily fantasy sports in NY
Trial and appellate courts had previously deemed DFS unconstitutional. It even needed to be reheard in the NY Court of Appeals on Feb. 8 after the judges were initially deadlocked , 3-3, on Oct. 5, 2021.
But in the end, DFS can continue in NY without issue.
Read more: Sen. Addabbo Introduces Bill Amendment To Expand Daily Fantasy Sports In New York
NY Court of Appeals legal expert Rob Rosborough , who has been following the case for several years, said: “It’s a good day for DFS. The plaintiffs took a big swing and they missed. It’s a sigh of relief for the big DFS operators in NY. They’re definitely wiping sweat from their brows.” If DFS did not receive a favorable ruling, achieving legalization in New York would have necessitated a constitutional amendment. And to get that accomplished, it would require bills from two successive legislatures, plus a public vote. After all that, when could have New York authorized DFS? November 2023 . FanDuel , a legal sportsbook operator that also offers DFS games, released a statement regarding the ruling: “New York state is FanDuel’s home and our New York customers have enjoyed playing daily fantasy for years. We are pleased that New Yorkers will continue to have access to fantasy sports contests.” DraftKings added via statement: “We are pleased with the Court’s decision, which ensures New Yorkers can continue to enjoy DraftKings’ industry-leading fantasy sports product.” […]
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