Backward Step For D.F.S. In New York (Update)

State Gaming Commission follows up on last month’s NY Supreme Court decision that daily fantasy sports is illegal gambling

One step forward and two back appears to be the manner in which New York daily fantasy sports is developing following last month’s New York Supreme Court finding that DFS contests are illegal gambling under the state constitution and not games of skill.

The finding completely undermined the state legislation signed into law in 2016 by state governor Andrew Cuomo (see previous InfoPowa reports).

This week the New York State Gaming Commission implemented the Court’s finding by deleting all references to daily fantasy sports from its website, leaving the industry confused and uncertain of its continued future in the state.

A spokesman for the Commission explained that the Court’s decision meant that the regulator no longer has a licensing or regulatory function as far as DFS is concerned, potentially reducing the vertical to chaos.

Anti-gambling activists contend that daily fantasy sports can be legalised only through a constitutional referendum.

The state has yet to reveal whether it intends to take the case on appeal.