New York’s top court rules in favour of fantasy sports games

Fantasy sports contests have been declared constitutional in New York by the state’s highest court.

US.- New York’s Court of Appeals has ruled that fantasy sports games are not unconstitutional gambling products. The court reversed a previous court decision made last year that found daily fantasy sports violated the state constitution’s ban on gambling.

Paid fantasy sports games were legalised in New York in 2016 but a lawsuit was filed by the group Stop Predatory Gambling to challenge the constitutionality of the law.

In a 4-3 ruling, New York’s top court has clarified the scope of the state’s prohibition on gambling. Chief Judge Janet DiFiore ruled that games in which skill predominates over chance and skill-based competitions for prizes in which the players have influence over the outcome do not constitute gambling under the state constitution.

DiFiore noted that the outcome of a interactive fantasy sports contest “turns — not on the performance of real-life athletes, as it would with respect to a bet or wager — but on whether the participant has skillfully composed and managed a virtual roster so as to garner more fantasy points than rosters composed by other participants.”

FanDuel spokesperson Kevin Hennessy said in a prepared statement: “New York state is FanDuel’s home and our New York customers have enjoyed playing daily fantasy for years. We are pleased that New Yorkers will continue to have access to fantasy sports contests.”