An appellate court decision that declares an element of skill is insufficient to legalize DFS raises questions over the constitutionality of legalizing internet poker.
A 2016 law that authorized Daily Fantasy Sports (DFS) in New York was deemed unconstitutional in 2018 and that decision was upheld last week by a state appellate court.
The law identified DFS contests as “a games of skill” and not a game of chance in order to get around a restriction in the state constitution that prohibits the expansion of most types of gambling. But the courts have ruled that just because a game involves skill does not mean it is not gambling.