Maine Legalizes (and Regulates) Daily Fantasy Sports

Good news for all fantasy sports participants in the Northeast. Maine has become the fifteenth state to legalize daily fantasy sports betting, joining New Hampshire, Vermont, and Delaware who all have legalized it since June.

The spokesperson for DraftKings and FanDuel said, “Maine is now the 15th state to adopt a regulatory framework to protect the right to play fantasy sports, protect consumers and help a booming piece of the tech economy continue to grow. Thanks to action by the legislature… Mainers will continue to enjoy our new national pastime — fantasy sports — under a framework of sensible, light-touch consumer protections.”

A key reason for the passing of this bill is the State’s classification of fantasy sports as a “game of skill” instead of classifying it as luck. A game of skill means the outcome is determined mainly by the mental or physical skill of the participants and not pure luck. This classification follows that of the other states who’ve have allowed for fantasy gambling to be legal and therefore regulated.

Calling fantasy sports a “game of skill” helps avoid the implications of the Unlawful Internet Gambling and Enforcement Act of 2006 (UIGEA). The UIGEA makes fantasy sports betting legal if it is based on the relative knowledge of the participants and on an outcome that is determined predominantly by accumulated statistical results of sporting events.

This seems to be the sensible view to have of fantasy sports, but as of now, it is still going to be decided on a state-by-state basis.


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