Court Rules that State Daily Fantasy Sports Law Violates State Constitution

November 5th, 2018

Last Monday, a state judge struck down a 2016 state law that legalized daily fantasy sports (DFS) in New York State. That law classified daily fantasy sports – contests in which players compete by building rosters of professional athletes in a particular sport — are games of skill, not games of chance, which are banned in the constitution.

The court found that that DFS contests, while relying on some skill from its users, also incorporate an element left entirely to chance—the performance of the athletes.  The court found that such contests are not permitted under the state constitution.

The state is expected to appeal the decision, which will allow DFS companies to continue operating in the state.