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Tuesday, August 9, 2016

NJ Thwarted Again

As expected, the entire 3rd Circuit US Court of Appeals voided the 2014 NJ statute in a 10-2 decision, allowing sports gambling at casinos and racetracks.

The court found the repeal of state statute repealing sports gambling by casinos and racetracks did still regulate gambling in the state.  Specifically citing this segment of SB2460:

[A]ny rules and regulations that may require or authorize any State agency to license, authorize, permit or otherwise take action to allow any person to engage in the placement or acceptance of any wager on any professional, collegiate, or amateur sport contest or athletic event, or that prohibit participation in or operation of a pool that accepts such wagers, are repealed to the extent they apply or may be construed to apply at a casino or gambling house operating in this State in Atlantic City or a running or harness horse racetrack in this State, to the placement and acceptance of wagers on professional, collegiate, or amateur sport contests or athletic events . . . .  

Further more to quote from the decision: N.J. Stat. Ann. § 5:12A-7. The 2014 Law specifically prohibited wagering on New Jersey college teams’ competitions and on any collegiate competition occurring in New Jersey, and it limited sports wagering to “persons 21 years of age or older situated at such location[s],” namely casinos and racetracks. 

In addition, the court found the PASPA didn't violate the constitution with regards to anti-commandeering act; Federal government didn't interfere with the state legislative procedure.

No doubt this case will go to the Supreme Court which will refuse to hear the case.  Hence, unless the state decides to completely repeal its laws regarding gambling and allow the corner bookie to accept wagers and set their own rules along with everyone else which is unlikely, the only way gambling on sports will legally take place in New Jersey is if PASPA is repealed or changed.  This eventually will happen.

The question is will it be too late for racing or New Jersey casinos?

1 comment:

Marv said...

This might be best for racing. If the sports betting is truly "unregulated" then the state couldn't force the tracks to give part of the proceeds to the purse pool.