August 24, 2009 Delaware Derailed: In a semi-shocker, a three-judge panel of the U.S. 3rd Circuit Court of Appeals ruled today that Delaware can not offer single-game sports wagering. Ruling that the state’s plan violated the Professional and Amateur Sports Protection Act of 1992, Delaware appears to now be relegated to parlay-type wagers only, which will severely diminish its appeal.
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I guess I dont understand how that Act is in any way Constitutional. Basically they are saying that a State cannot allow sports betting because "we said so". In the enummeration of powers the Federal government is only allowed to intercede on behalf of parties when inter-state commerce is involved. By not allowing a state to run it's own finances in anyway they deem necessary they have spit on the Constitution. And well overstepped their bounds. Of course there are countless other things that the Federal Government has done in the last 20 years that make my skin crawl. If you arent pissed off...You simply arent paying attention.
I'm assuming that the bill was passed simply by stating that the companies and entities involved in the wagering are crossing state lines for competition and therefore being affected by inter-state commerce. That's a pure stretch even for the smarmiest of slimeball attorneys. Anything to sell prohibition...
PKNo thrills, frills, spills or write-ups. Just givin ya the winners everyday.
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Delaware Sports Betting Law Ruled Illegal
UPDATED (4:28 p.m.)...
A sports betting law in Delaware is in violation of a federal prohibition against sports gambling, a federal appeals court ruled Monday.
The Delaware legislation had been challenged by the NFL, NBA, NHL, Major League Baseball and the NCAA in a lawsuit.
Delaware was exempted from the federal ban on sports gambling. But the professional leagues and the NCAA had maintained that the Delaware legislation is illegal because the state was planning to offer single-game betting for the first time.
A three-judge panel in Philadelphia made the ruling after hearing arguments from attorneys for both sides for nearly two hours Monday, the Associated Press reported.
Delaware had intended to put its sports betting plan into effect next month as a revenue-generating mechanism.
Now state officials must decide whether to accept parlay bets on multiple NFL games, which the leagues did not contend is illegal. State leaders also must decide whether to appeal Monday's ruling, either to the full appeals court or to the U.S. Supreme Court.
"We're very disappointed with today's ruling," Michael Barlow, the legal counsel to Gov. Jack Markell, said, according to the AP.
The appeals court judges ruled that the state's betting plan, as currently constituted with single-game betting, violated a 1992 federal ban on sports wagering known as the Professional and Amateur Sports Protection Act.
Delaware's exemption came because it ran a 1976 sports lottery with parlay bets on at least three NFL games. Other states with exemptions are Nevada, Montana and Oregon.
At issue in this case was whether Delaware could expand its sports gambling to include single-game betting, and wagering on sports other than the NFL.
"We're delighted," Kenneth Nachbar, an attorney representing the pro leagues and the NCAA, told reporters after the ruling, according to a transcript provided by the NFL. "We felt that the Delaware scheme violated PASPA. The court has ruled that way. We couldn't be happier.
"... We were hoping that they would [rule on] the merits. We urged them to. We are glad that they did.... We thought that we had a good case on the merits from the beginning and we just pressed that case and we're delighted with the result.
"... I think when Congress enacted PASPA they understood that there is a certain amount of sports betting but that that sports betting shouldn't be expanded. It shouldn't be expanded to the East Coast. It shouldn't be expanded beyond where it is conducted now. And it won't be as a result of this ruling....I think the NFL and the other sports leagues have been opposed to the spread of sports betting. They testified in favor of PASPA when it was enacted in 1992. The fact that they brought this action shows that they are serious."
NFL Commissioner Roger Goodell had expressed strong opposition to the Delaware legislation.
Goodell said in May at an NFL owners' meeting: "We recognize the challenges that Delaware and other states have. This is something that we would like to work with states on.... On the other hand, we are very firm in our opposition to legalized team sports betting. To us, betting on the outcome of our games is something that we will always oppose vigorously."
Goodell drew a sharp distinction between sports betting and allowing NFL teams to put their logos on state lottery tickets, as the league now permits.
"That's a far cry and a complete distinction from... betting on the outcome of games," Goodell said in May.
There also had been support on Capitol Hill for overturning the Delaware law.
In July, Sen. Orrin G. Hatch (R-Utah) and Sen. Jon Kyl (R-Ariz.) wrote a letter to Attorney General Eric H. Holder Jr. urging him to enforce the federal ban on sports betting. In the letter, the lawmakers wrote that "sports betting threatens the integrity of the pastimes our citizens enjoy and the nature of the games they follow" and asked Holder to "defend this statute in any pending litigation and to closely follow the events in Delaware to prevent any violations of federal law."
Rep. Heath Shuler (D-N.C.), a former Washington Redskins quarterback, was among three members of Congress who sent a separate joint letter to Holder urging him to scrutinize efforts to legalize sports betting in Delaware and New Jersey. That letter, also signed by Rep. Gregory W. Meeks (D-N.Y.) and Rep. Spencer Bachus (R-Ala.), said the states' efforts "threaten to permit expanded sports gambling and as a consequence threaten the integrity of our national pastimes." It said the Congressmen "encourage the Department of Justice to defend the federal prohibition against sports betting and take any actions necessary to safeguard amateur and professional sports."
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Originally posted by BettorsChat View PostThe Delaware legislation had been challenged by the NFL, NBA, NHL, Major League Baseball and the NCAA in a lawsuit.
This pretty much sums it up
But the professional leagues and the NCAA had maintained that the Delaware legislation is illegal because the state was planning to offer single-game betting for the first time.
Then why isnt it illegal in Vegas to place a single wager??
Now state officials must decide whether to accept parlay bets on multiple NFL games, which the leagues did not contend is illegal.
So let me get this straight, you cant make a wager on ONE TEAM, but its ok as long as you wager on MORE THAN 1 TEAM ??He who wears diaper knows his shit - Confucius
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