New Jersey Daily Fantasy Sports Hearings to Determine if Skill or Gambling

The Tourism, Gaming and the Arts committee of the New Jersey legislature began holding hearings as to whether Daily Fantasy Sports constitutes gambling.

The answer to that question is likely “yes” as legislators in 2006 found it necessary to stipulate fantasy sports as a legal form of gambling with its passage of the Unlawful Internet Gaming Enforcement Act (UIGEA) along with state lotteries and horse racing.

The next issue on the agenda may be the most difficult to address:  How to regulate Daily Fantasy Sports.

For much of the two hour hearing, legislators tried to determine whether Daily Fantasy Sports constitute a “game of skill” or “game of chance”.   The later would constitute gambling. 

Of course season long fantasy sports have been around for decades without much debate.  One would have to establish why daily and weekly contests might fall under the gambling label while season long contests do not.  \

Steven Martino, the attorney on retainer by FanDuel, told the Press of Atlantic City that fantasy sports are not betting, they are more equivalent to entering a bowling or soccer tournament and paying an entry fee. Some New Jersey representatives do not agree with that sentiment.

Steven Martino, the attorney on retainer by FanDuel, maintains that fantasy sports are not betting, they are more equivalent to entering a bowling or soccer tournament and paying an entry fee. Some New Jersey representatives do not agree with that sentiment.

“Daily Fantasy Sports is gambling, and we need to treat it as such,” a representative from Congressman Frank Pallone Jr’s office said.

- Vito Conti, Betting New Jersey