New York DFS Ruling Undercuts Legal Justification in Online Poker Bill

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.

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