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  • 7thdaymoneytime

    Wallach saying major development due today.

    https://twitter.com/WALLACHLEGAL/status/783535170104266752

    Expecting a “major announcement” on the NY #DFS law sometime around 10:30 AM on Wednesday. Looks like it’s headed to litigation.

  • jokerdpo

    any word on what this announcement is yet?

  • 7thdaymoneytime

    Whoa! According to Wallach, maybe in serious trouble!

    http://sports-law.blogspot.com/2016/10/exclusive-lawsuit-filed-to-block-new.html

    The future of daily fantasy sports in New York may soon be in a state of flux, if not outright jeopardy. In a stunning, but not altogether surprising development (since I’ve highlighted this issue previously), a quartet of New York residents have filed a lawsuit in Albany County Supreme Court to block the implementation of the recently-enacted New York fantasy sports law. Specifically, the lawsuit—coordinated by the anti-gambling group Stop Predatory Gambling—seeks a declaratory judgment declaring that New York’s “Interactive Fantasy Sports” Law (Chapter 237 of the Laws of the State of New York) is “unconstitutional” because it impermissibly expands commercial gambling in New York in contravention of Article I, Section 9 of the New York State Constitution. On this point, the lawsuit contends that the New York Legislature was without authority to legalize DFS in New York absent a constitutional amendment, a time-consuming process which requires two successive sessions of legislative approval, separated by a general election, and then followed by a statewide voter referendum. At minimum, this process can take two years.

    The complaint accuses the state legislature of circumventing this mandatory process. As the lawsuit explains, “the Legislature may not amend the Constitution under the guise of legislating. It cannot unilaterally define ‘gambling’ to deviate from its ordinary and well-understood meaning as used in the Constitution by excluding therefrom interactive fantasy sports contests, and, in particular, DFS. It cannot usurp the right of the people as any such redefinition is the exclusive prerogative of the People via a Constitutional amendment approved in a statewide referendum. See New York Constitution, Article XIX. That process was not followed here. Chapter 237 should therefore be declared unconstitutional and the Defendant State officials and agencies should be permanently enjoined from implementing it.”

  • jokerdpo

    EXCLUSIVE: LAWSUIT FILED TO BLOCK NEW YORK FANTASY SPORTS LAW

    http://sports-law.blogspot.com/2016/10/exclusive-lawsuit-filed-to-block-new.html

    wonderful, can’t they just leave us alone and worry about the real problems in NYS

  • 7thdaymoneytime

    @jokerdpo said...

    EXCLUSIVE: LAWSUIT FILED TO BLOCK NEW YORK FANTASY SPORTS LAW

    http://sports-law.blogspot.com/2016/10/exclusive-lawsuit-filed-to-block-new.html

    wonderful, can’t they just leave us alone and worry about the real problems in NYS

    This is actually not filed by anyone in the NY legislature. This is a lawsuit filed by 4 private citizens.

  • jokerdpo

    this is making me sick to read this article

  • jokerdpo

    The lawsuit was filed by O’Connell and Aronowitz, the Albany-based law firm known for having previously challenged the New York Legislature’s approval of video lottery terminals more than a decade ago. So this type of lawsuit is definitely in their wheelhouse. I was provided with an advance copy of the complaint last night, and found it to be painstakingly detailed and compelling. I’ve always believed that with the right plaintiffs and the right law firm—and both categories appear to be satisfied in spades here—a lawsuit challenging the New York DFS law on constitutional grounds always stood an excellent chance of success. This one definitely has a chance, and, as such, the future of DFS in New York may be in serious jeopardy.

  • 7thdaymoneytime

    More from Wallach

    “The lawsuit was filed by O’Connell and Aronowitz, the Albany-based law firm known for having previously challenged the New York Legislature’s approval of video lottery terminals more than a decade ago. So this type of lawsuit is definitely in their wheelhouse. I was provided with an advance copy of the complaint last night, and found it to be painstakingly detailed and compelling. I’ve always believed that with the right plaintiffs and the right law firm—and both categories appear to be satisfied in spades here—a lawsuit challenging the New York DFS law on constitutional grounds always stood an excellent chance of success. This one definitely has a chance, and, as such, the future of DFS in New York may be in serious jeopardy.”

  • KindGuy

    Swear to God some people have nothing better to do with their lives. Go play with your kids, take your wife out to dinner or something. Leave us citizens alone! We want to spend our money the way we see fit.

  • kellykip

    Where did I put that PATH train schedule?

  • 7thdaymoneytime

    ESPN now reporting as well, however they have this little nugget in their story

    “When the possibility of a constitutional challenge was brought up after the law was passed in August, New York Sen. John Banacic, one of the bill’s sponsors, told the Buffalo News that it had been carefully crafted to withstand any such challenge.”

  • fili1291

    would be surprised if a injunction is granted anytime soon. my thought would be that maybe after litigation there could be some problems but that would be a few years down the road the way litigation goes.

  • DomTwan

    Smoke and Mirrors.

    We have a bill signed and LOCKED.

  • jokerdpo

    This was the only positive piece out of any of the articles that i have read already:

    At an Albany Law School forum in August, Sen. John Bonacic told a group of gambling industry lawyers, lobbyists and others that the legislation was crafted specifically designed to stand up to such legal challenges as being brought today. Bonacic, an Orange County Republican and sponsor of the measure in the Senate, said the industry was involved in writing the legislation.

    “They were satisfied that what we were doing would meet the constitutional challenge,’’ Bonacic said at the time.

  • DomTwan

    @7thdaymoneytime said...

    When the possibility of a constitutional challenge was brought up after the law was passed in August, New York Sen. John Banacic, one of the bill’s sponsors, told the Buffalo News that it had been carefully crafted to withstand any such challenge.”

    So much this.

  • 7thdaymoneytime

    From Wallach shortly after passing of NY bill earlier this year:

    “By legalizing DFS during the waning hours of the 2016 legislative session, did state lawmakers fumble the snap? If a constitutional amendment was required, opponents of the DFS bill (such as New York’s casino/racino industry, anti-gambling forces, or even ordinary taxpayer-citizens) could seize upon that failure and challenge the DFS law in court. Any such challenge would likely be joined with a request for a preliminary injunction, which, if granted, could sideline daily fantasy sports in New York for the foreseeable future while the court battle plays out.

    In my view, the New York Legislature chose the riskiest of three options. The safest play would have been to authorize a constitutional amendment (a process that could have taken up to two years longer) or change the New York penal law definition of “gambling” in a manner that would have definitionally excluded fantasy sports contests through a lowering of the statutory threshold for gambling. For example, under the predominant factor test employed in many other jurisdictions (such as Massachusetts), fantasy sports contests (whether of the daily or season-long variety) would probably not be considered gambling since it is generally recognized that success at such contests requires more skill than luck or chance. Having chosen the most expedient route—and one which is constitutionally risky—the Legislature may have opened the door to a potential legal challenge by one or more adversely affected parties or even by a taxpayer-citizen (or several of them).

    If such a challenge were to emerge (and succeed), it could delay the effectiveness of the DFS law by several years, since an amendment to the state constitution via a voter referendum preceded by two consecutive sessions of legislative approval (a multi-year process) would then be required to legalize DFS. Were that scenario to play out in this fashion, legislators (and DFS lobbyists) might ultimately come to regret choosing the most expedient, albeit risky, path to legalization over fidelity and adherence to the state constitution.”

  • 7thdaymoneytime

    Wallach:

    Chance of lawsuit success – better than 50/50

  • DomTwan

    @7thdaymoneytime said...

    Wallach:

    Chance of lawsuit success – better than 50/50

    Who the fuck is Wallach and what does he know?

  • Olhausen

    @DomTwan said...

    Who the fuck is Wallach and what does he know?

    It’s probably him who’s posting since he’s so dead set that this ridiculousness will actually happen.

  • Laxisfun1

    Sensational journalism at its finiest. Extremist moral groups bring lawsuits like this all the time trying to ban anything humans enjoy. Porn, alcohol, strip clubs, race tracks, anything that makes these people feel bad that others can enjoy them. They don’t usually go anywhere. Neither will this, the bill is clear,
    DFS is not gambling.

    Either way it seems like a lot of forces (United States mayors, United States police union) are lining up for legal sports gambling becoming a thing NEXT YEAR. Then none of this matters.

  • SouthernShield

    Sorry if this offends anyone…..

    I have a dream, that one day adults will be allowed to spend their money HOWEVER THE FUCK they want to.

  • PJGuin23

    DFS Tax Guru

    @SouthernShield said...

    Sorry if this offends anyone…..

    I have a dream, that one day adults will be allowed to spend their money HOWEVER THE FUCK they want to.

    Lose Money on stocks? Sure. Lose on the lottery? Hey, it benefits old people (Pennsylvania)! Anything else is EVIL!!!!!

  • maxeernst

    Not sure how this is different from what happened in the early 2000s with slot machines. That survived just fine.

  • wolfjb1

    This is why people hate lawyers. (I’m a lawyer).

  • Boneys2000

    Anyone hear any more about My state of Ohio?This is really getting old.

  • Chuky

    Lmao. Wallach? The guy has been proven over and over not to be credible. Why do some ppl listen to this guy. Let’s play devils advocate here for a second. Okay wallach is right and they have a good case. Who controls the courts in ny? Do u really think a judge in New York is gonna dismiss a law on the books that would bring in revenue for the state? As someone else said it’s just sensational journalism. This is going nowhere. The case can be very strong against dfs all it wants (according to wallach) it’s going nowhere. Now play dfs and enjoy and stop wasting time with what these lawyers are saying.

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