Nevada legal opinion quotes DraftKings CEO calling daily fantasy sports ‘betting’

Nevada’s Attorney General has released the full opinion that led to the state declaring daily fantasy sports (DFS) to be gambling; a document that uses the words of DraftKings CEO to support its conclusion.

On Thursday, Nevada gaming regulators ordered DFS operators to stop serving Nevada customers until they have obtained the necessary sports betting license. Both DraftKings and rival FanDuel, along with most of the DFS also-rans, have since announced they will no longer accept customers from Nevada.

The opinion (read it here) says the popular ‘skill v. chance’ argument was basically tossed aside at the outset, as under Nevada law this is “relevant only when analyzing lotteries.” As such, the opinion makes no attempt to establish whether or not DFS is a skill game, although it does suggest that DFS could represent an illegal lottery, depending on whose skill level is being assessed (the DFS players or the actual athletes).

The opinion similarly dismisses claims by some DFS proponents – which many mainstream media outlets have swallowed whole — that the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) ‘legalized’ fantasy sports. The opinion notes that the UIGEA “neither made legal nor illegal any form of gambling” in the US, but simply provided new ways to enforce existing online gambling laws, and is therefore irrelevant in determining DFS’ legality.