Don't Bet On Constitutionality Of Daily Fantasy Sports In NY

Law360 (February 20, 2020, 5:37 PM EST) -- Delivering another blow to daily fantasy sports operators in New York, a New York state intermediate appellate court recently ruled in White v. Cuomo that DFS contests — such as those offered by FanDuel and DraftKings — violate the New York Constitution.[1]

The decision means that DFS operators face an uncertain future in New York, at least until the state's highest court weighs in or the Legislature amends the New York Constitution.

The New York Constitution, aside from certain specific exceptions, generally prohibits gambling.[2] In 2016, Gov. Andrew Cuomo signed a bill into law that declared that DFS contests do not constitute...

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