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Opponents of Delaware Sports Betting Have Legal Hurdles
DOVER, DELAWARE --
The NFL warned Delaware if it attempted to use its legal right to conduct sports betting, the league would take its balls and go home. And figuratively, the football league is trying to do just that, asking for an injunction to allow a lawsuit time to shut down the Delaware sports gambling operation.
The NFL joined with the NBA, MLB, the NHL, and the NCAA in asking the courts to declare the Delaware law in violation of both the federal Professional and Amateur Sports Protection Act and the state's own constitution. But legal experts say the suit has a tough road to hoe to success.
NFL and sports league familiarity with gaming, from lottery sponsorships to casino partnerships., makes an anti-gaming stance unseemly in court, say observers. And the lack of provable injury or damages leaves the leagues without the impetus to force court action.
Delaware Governor Jack Markell asked the state Supreme Court to give an opinion on the legality of the sports betting measure before submitting it to the legislature. The court found the law legal, although it didn't rule on single game wagers.
The sports leagues contend Delaware is only allowed to run parlay betting, as that was all they had before being grandfathered. But legal scholars, including the noted I. Nelson Rose, say it will be hard for attorneys to convince judges that there is a significant difference between parlays and single game bets.
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