Sports Betting: Rethinking Some Old and Cherished Positions

December 3, 2017 3:00 PM
  • Ken Adams, CDC Gaming Reports
December 3, 2017 3:00 PM
  • Ken Adams, CDC Gaming Reports

The Supreme Court is hearing a case in December that may well lead to legalized sports gambling in many states. As the hearing nears, a chorus of voices advocating an end to a federal ban on sports betting are singing what for many of them is a new song that might be titled, “A Change of Heart” sung to the tune of Dylan’s “The Times They Are A-Changin.” For some, and I am among them, that changing of minds was far from easy. Very few things are more difficult than changing one’s mind.

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November was a month of mind changing events for me and I suspect many others. I have been forced to revisit some long-held beliefs and rethink them. It started with Roy Moore, Harvey Weinstein, Kevin Spacey and all of the other men who were accused of sexual harassment. Clearly, those men were despicable and should be hounded out of public office and positions of power. The efforts to force Moore off the ballot and keep him out of the Senate appeared to be just to me. However, a dilemma developed for me when Al Franken was accused. If Moore is not fit to serve in Congress, then how could Franken be?

The second event that drove me to reexamine my beliefs was the death of Charles Manson. Manson died at age 83 after 48 years of incarceration for some of the most horrendous murders of the 20th century. He had been sentenced to death, but was saved from execution by the California Supreme Court when the court ruled against the death penalty. I supported the decision that the death penalty was too extreme. But after a half-century of Manson’s very public life in prison I questioned my own belief. The families of his victims suffered all of those years he enjoyed notoriety. In retrospect, would justice have not better have been served with his execution?

 The trend toward legalizing sports betting outside of Nevada has also caused me to rethink my previous position. Opinions on the subject are changing before my eyes and increasingly it is becoming clear to me that I might have been wrong all of these years. On December 4th the United States Supreme Court is hearing Christie v. NCAA. To those that support New Jersey it is a states’ rights issue; to the opposition it is a case of illegal gambling. In 2011, the voters in New Jersey approved sports betting. The National College Athletic Association and the professional sports leagues sued claiming New Jersey’s law violated federal law. The NCAA won the case at each level of adjudication and New Jersey appealed each decision to the next higher court and finally to the Supreme Court. The NCAA and the NFL are still adamantly against legal sports betting, insisting it is against federal law and a danger to the integrity of sports. However, the NBA, NHL and MLB are leaning towards a time when making a wager on sports is legal and well regulated at the state level. In support of a move to legalization, the American Gaming Association has been diligent in lobbying for federal legislation and its efforts are beginning to have an impact. Many in Congress are starting to support the idea; several states have already taken steps to prepare for the opportunity to legalize, regulate and tax betting on sporting events. Globally, sports betting is popular and now it seems the U. S. might be on the verge of embracing it.

The money wagered on professional and college sports is often credited with the popularity of the games. Fans who wager on a game are eager to either buy a ticket and go to the game or pay for a premium service to watch it at home. However, as most people know, most of those wagers are illegal because sports betting is legal only in the state of Nevada. Under current federal law, Nevada is in sole possession of the sports gambling turf. That fact is the rationale behind my long-held desire to maintain the status quo. But as the issue goes to the Supreme Court I find myself singing a different tune; maybe it is time to open up legal sports betting to the entire country. If the court strikes down the federal ban, the decision does not legalize sports betting; rather is clears the way for other states to pass their own sports betting law as New Jersey has done. The decision could be very important because it deals with the issue of states’ rights and that is much broader than simply sports betting.

A decision in New Jersey and Governor Christie’s favor would not be good for Nevada sports books and casinos. If other states legalize sports betting it will have a major impact on Nevada gaming revenues, especially during the Super Bowl, March Madness, the World Series and the NBA finals. But whatever the cost to Nevada, it is the right thing for the court to do and the correct decision for nation as a whole. Nevada has enjoyed an unfair advantage for years; regulating sports betting like all other forms of gambling should have remained the privilege of the states to regulate. November was difficult for me, letting go of long-held and cherished beliefs is painful, but sometimes necessary.