Judge Sleet’s ruling moves Delaware closer to legal sports betting
August 5, 2009 by admin
Filed under Delaware Sports Betting News
We reported last week that the four major sports leagues in the United States were hoping to slow down the implementation of legal sports betting in Delaware by convincing Judge Gregory M. Sleet to place an injunction against single game betting in Delaware. Forunately, Jugde Sleet denied the request by the major pro sports leagues and the NCAA for a preliminary injunction, a ruling that, barring an appeal, clears the way for Delaware to establish single-game and parlay betting next month.
“My clients continue to be opposed to the proliferation of sports betting,” said Kenneth Nachbar, the lead attorney for the leagues. “They will be evaluating their options.”
Nachbar said one of the options is to appeal Sleet’s decision to the 3rd Circuit Court of Appeals in Philadelphia.
Absent a successful appeal, Delaware is slated to take sports bets at the start Week 1 of the NFL season on Sept. 10. http://www.usatoday.com/sports/2009-08-05-delaware-betting_N.htm
Sean O’Sullivan of the of Delaware Online noted the following about today’s positive events for sports betting in delaware:
The sports leagues could try to have the U.S. 3rd Circuit Court of Appeals step in and overrule Sleet or impose a temporary stop while the case is pending.
Immediately after the meeting with Sleet, Nachbar said no decision on such an appeal had been made, but he also made clear that his clients disagree that the leagues will suffer no irreparable harm if Delaware is allowed to move forward.
Dover Downs, meanwhile, said it will have sports betting — including single game wagers — up and running by Sept. 1.
“Nobody is telling us we can’t, so we will,” said Dennis McGlynn, president of Dover Downs.
At the public portion of today’s scheduling meeting with attorneys, Sleet said the sports leagues had to prove one of three things for him to act, and they failed at all three.
First, Sleet said the leagues did not show they were likely to prevail at trial. He later added that it was also not clear at this point if Delaware would prevail at trial.
Second, Sleet said the leagues failed to show there would be irreparable harm to professional and college sports if action was not taken now.
Sleet said the sports leagues position was “ironic” given that — as attorneys for Delaware noted — a number of sports teams now have sponsorship deals with casinos and several owners of sports teams also own gambling establishments
Third, Sleet said the sports teams failed to show the defendant would not be irreparably harmed by the injunction. The judge said there was at least a potential harm to Delaware — and the public in general — in that Delaware is counting on millions in revenue from sports betting to balance its budget.
And finally, big kudos to Chad Millman of ESPN the Magazine who has done great job making the issue well known to the main stream media. Here are some of his takeaways from today:
“The state claim may be a stronger case. With a single game there is more skill involved than trying to pick multiple games. Would that single game bet still fit within the lottery exemption? Is it enough of a bet of luck?”
Markell has often said that he believes Delaware needs to have its systems in place for the NFL season to fully realize the financial benefits of betting. In Nevada, more than 40% of the $2 billion annually bet on sports is wagered on football.
If nothing else, the governor will at least have until November to find out if his gamble paid off.
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