On October 24, a federal judge ordered an injunction temporarily
banning the offering of sports betting at New Jersey casinos and
racetracks, just days before the state’s first sports book was due to
open its doors at Monmouth Park.
The historic racetrack, like many of New Jersey’s gambling operators,
has fallen on hard times lately and wants to limit losses with the
potential of even turning those losses into gains. The track was the only operator
initially to embrace the new sports betting laws, which New Jersey
Governor Chris Christie hopes will inject life into New Jersey’s ailing
casino and horseracing industry, and it is easy to see why. B ritish
bookmaker William Hill has offered projections of $75 million in annual revenue for Monmouth Park, figures that are hard to ignore when you are millions in the hole.
The track; however, will have to wait for its sport book. Following a
predictable legal challenge from the four major U.S. sports leagues and
the NCAA, Judge Michael Shipp declared
that legalized sports betting represented “irreparable harm” to the
sports leagues and threatened the integrity of their games. “More
legal gambling leads to more total gambling,” he warned, “which in turn
leads to an increased incentive to fix plaintiffs’ matches.”
“This is similar to the way casinos resisted online gambling, citing a
thousand ways in which it will destroy society as we know it,” Jacob
Fields, an editor at OnlineGambling.us said.
“However, it is the online industry that is rejuvenating the pastime,
making it cheaper and more accessible to people. Surely sports leagues
should have the vision to see the beneficial effect of opening the
market, and just how detrimental it is to fight progress.”
Déjà vu
While New Jersey hoped it could go it alone, the matter will now be
decided in a federal court, with the temporary injunction offering time
for due legal consideration.
If it feels like New Jersey has been here before, you are right. The
legalization and regulation of sports betting has been on the agenda in
New Jersey since well before 2011, when residents voted overwhelmingly in favor
of it in a nonbinding referendum. Legislation was drafted and signed
into law by Christie the following year, with New Jersey essentially
asserting that it was a state’s right to regulate sport betting within
its own borders. It did not take long for the sports leagues to
respond, citing violation of federal law, and the bill was eventually
abandoned.
The law in question, the Protection and Amateur Sports Protection Act of 1992 (PASPA),
was originally a bill that sought to define the legal status of sports
betting (as opposed to pari-mutuel horse and dog racing) and which
effectively prohibited its expansion nationwide. Exemptions were made
for four states – Nevada, Delaware, Montana and Oregon – which had
legalized a form of sports betting prior to 1992, with Nevada hosting
and still maintaining the most sweeping form of sports betting options
around. Meanwhile, a 12-month window was left open for any state that
had established regulated casino gaming for over a decade to prepare
legislation to legalize sports betting. It was a provision that was
included solely to benefit New Jersey, since it was the only state that
matched the description.
However, these were optimistic times for the Atlantic City casino
industry. With a monopoly on the east coast and just a single
newly-opened “racino” in Rhode Island for competition, the city was the
second-biggest gambling market in the U.S. and enjoying a period of
growth and investment. New Jersey chose not to take advantage of the
opportunity within the short window provided by PASPA.
Saturday, 8 November 2014
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