Two weeks ahead of a scheduled hearing in federal court, New Jersey Governor Chris Christie signed a bill this past Friday that partially removed the state’s prohibition of sports wagering. The move clears the way for Monmouth Park Racetrack to accept their first sports bets on this Sunday, October 26, five days in advance of their October 31 court appearance to clear the way for sports wagering to grow forever in the Garden State.
The four major North American sports leagues, Major League Baseball, the National Basketball Association, the National Football League and National Hockey League as well as the National Collegiate Athletic Association have attempted to use the Professional and Amateur Sports Protection Act as their reason to stop New Jersey from accepting full time sports gaming. The federal law, passed in 1992, permits limited sports wagering in a few states and only Nevada is allowed under PASPA to accept single-game sport wagering.
Baring a legal ruling this week, New Jersey’s Monmouth Park will accept sports wagering on Sunday, October 26, five days before a scheduled hearing in federal court. The state is looking to prove its repeal of its prohibition of sports wagering complies with current federal laws.
Republican State Senator Joseph Kyrillos represents Monmouth County were the horse racetrack that will accept sports bets is located. Kyrillos offered this response after the bill he co-sponsored was signed by Christie on Friday, “I am pleased that our legislation removing state prohibitions on sports betting was signed into law so quickly. Monmouth Park has been preparing for this to happen and is poised to start taking bets in the upcoming days.”
Kyrillos expected the additional revenues sports wagering would bring in “will provide a financial lifeline that will help protect jobs at Monmouth Park and Atlantic City casinos.” The senator does not expect the new state law to be overturned on appeal filed by the four major North American sports leagues or the NCAA, saying, “The legislation was drafted based on guidance from federal courts, and we trust it will stand up to any future challenge.”
Governor Chris Christie signed a bill Friday that cleared the way for New Jersey to accept sports wagering. The governor and attorney general consulted with the federal court in writing their law and feels it does not conflict with laws banning states from making sport wagering legal.
The state’s Attorney General John Jay Hoffman agreed with Kyrillos and withdrew a previous request made to the United States District Court. The count had issued an injunction preventing New Jersey from implementing its plans to allow legalized sports wagering and the attorney general was looking for a clarification on their decision. With how their new law is written, Hoffman does not feel it conflicts with the court’s prior ruling or any existing laws. Governor Chris Christie echoed the theme of compliance when he signed the bill on Friday. “As I’ve said all along, I am a strong proponent of legalized sports wagering in New Jersey. But given earlier decisions by federal courts, it was critical that we follow a correct and appropriate path to curtail new court challenges and expensive litigation. I believe we have found that path in this bipartisan legislative effort.”
Is Colorado and Washington legalizing marijuana against federal law any different than what New Jersey is trying to do in their efforts to legalize sports wagering?
Dennis Drazin is an attorney for Monmouth Park Racetrack who was also setting up an independent entity to regulate wagering in New Jersey and considers October 26 a “soft opening” for sports betting at Monmouth. He too carried the message of the day when talking about the newly signed law, “Obviously, a lot of hard work and effort went into this. I think that a navigator never distinguished himself on a calm sea. It’s been a long fight and we’re glad (Governor Christie) has chosen a way to continue the fight to get sports betting in state. We look forward to any challenge from the leagues, if they want to come in and try to stop us. We think we’re in the right.”
New Jersey voters pass a non-binding referendum on Election Day in 2011 where they approved sports wagering in the state. The state’s legislature followed up the next year by passing sports wagering legislation that Governor Christie signed. Since then, the four sports leagues and the NCAA have fought against New Jersey from enacting any legalized sports wagering. The NCAA has already warned that if sports wagering does become legal in the state, New Jersey schools will not be allowed to host championship events and the state would not see any of its venues awarded regional tournament games.
It is also the legal position of those in New Jersey supporting legalized gambling that what they are doing is no different from when Colorado and Washington state legalized marijuana. The recreational drug is also against federal law but the government is choosing not to contest the legalization of marijuana in those states.
The NCAA, MLB, NBA,NFL and NHL jointly filed Monday to get an injunction preventing New Jersey from accepting any sports bets on Sunday. In their filing with the court, the NCAA and the leagues said that what the the state was trying to do was “in clear and flagrant violation of federal law — to accomplish what it unsuccessfully attempted to do three years ago: sponsor, operate, advertise, promote, license or authorize gambling on amateur and professional sports at state-licensed casinos and horse racetracks. Because this effort is no more lawful than New Jersey’s past ones, it, too, should be enjoined.”
