Archives: Articles

Want the long view on Atlantic City’s casino industry? Talk to Dan Heneghan.

When casinos were first floated as a way to revive the fading shore town, Heneghan was a reporter for the Press of Atlantic City. He was there 40 years ago, when Resorts Atlantic City opened. He saw the mobs who stood in line for hours to get inside the town’s first legal gaming hall. He eventually worked the newspaper’s casino beat, and he’s still around, as public information officer for the New Jersey Casino Control Commission.

More than almost anyone, Heneghan knows AC. He’s seen it survive more ups and downs than the Steel Pier’s Wild Mouse roller coaster.

Throw Out the Lifeline

Few remember today that New Jersey gaming was originally conceived as a statewide industry. That plan that was nixed by voters in 1974, but when the legislation confined casinos only to Atlantic City, the referendum passed. Everyone knew the city needed a break.

“Atlantic City was down and out,” says Heneghan. “There was a joke at the time that if the casino referendum failed, the last one over the bridge could turn out the lights. The city was a shambles—slums with an ocean view.”

Though the shore resort still sputtered to life during the summer, it emptied out after the Miss America pageant in September.

“There would be virtually nothing open all winter,” says Heneghan. “The city was clinging to life, hoping against hope that something positive would happen.”

That something was casinos. The Committee to Rebuild Atlantic City (known, without irony, as “CRAC”), promised an experience totally unlike Las Vegas, with “continental-style casinos patterned after those in Monte Carlo and the Caribbean,” and nary a slot machine in sight.

“They created this impression of James Bond-type casinos with ladies in evening gowns and men in dinner jackets, making bets in French,” says Heneghan with a laugh. As everyone knows, what Atlantic City got was “enormous gambling halls chock-full with slots and tables, with people in T-shirts and jeans shoving each other.

“There was a glamorous aspect to it,” says Heneghan, “but it was also mass pandemonium with these intense crowds. You heard more than one tale of a gentleman who refused to leave the blackjack table when nature called, because he didn’t want to lose his seat.”

The casinos could not empty their slot machines fast enough, he says, and the soft count took 23 hours to tabulate. The city was almost literally rolling in dough.

The Gold Rush

Steve Norton wasn’t surprised. An executive with Resorts International, which had developed casinos in the Bahamas and the Caribbean, Norton was shipped north to check out Atlantic City’s viability as a casino market. He found pent-up demand for gambling that convinced him the idea was a sure bet.

“Adding lottery and racetracks, there was more money being wagered in New Jersey, New York and Pennsylvania than in California, Arizona and Nevada,” says Norton, who eventually became executive vice president of Resorts International in Atlantic City. “When the racetracks in New York City closed down, there were 30 buses a day running from Manhattan to Charlestown, West Virginia, taking people to the track.”

At the time, Caesars and Bally’s (then MGM) were tops in Vegas, generating about $80 million each per year. “When I told the New Jersey Casino Control Commission that we would exceed $200 million in the first year, they thought I was nuts,” he says. “We took in $245 million.”

The gold rush was on.

“There was this incredible euphoria,” says Heneghan. “It knocked the sense out of a lot of people, who thought the streets would be paved with gold.”

Within 13 months, the city’s second casino, Caesars Boardwalk Regency, had opened, followed by Bally’s Park Place. By 1981, there were nine casinos on the Boardwalk. Then the industry sputtered.

“You went from a place where you couldn’t count the money fast enough to the fourth quarter of 1981, where every property lost money,” says Heneghan. “Supply had grown much faster than demand.”

Bus marketing helped. Under that program, which started at Resorts, up to 1,000 buses a day packed with happy gamblers rolled in from Philadelphia, North Jersey, New York and Baltimore. The day trippers got a free ride, a roll of quarters, and sometimes a buffet. They helped the casino industry continue to expand.

In 1980, Harrah’s was the first casino to open off the Boardwalk, in the city’s Marina District. Tropicana came next. The Trump era began in 1984. Eventually, the T-word was emblazoned on three gaming resorts in town: Trump Plaza, Trump Castle (later Trump Marina), and finally, the $1 billion Trump Taj Mahal in 1990, called “the eighth wonder of the world” by the hyperbolic business mogul.

When the Borgata opened in 2003, its sparkling gold tower, Dale Chihuly glass sculptures and upscale experience made the schlock-heavy Boardwalk casinos look a little tired, but those properties soon stepped up their game.

For 28 straight years, from 1978 through 2006, casino revenues grew every year. It seemed the casino industry, like the housing market, just could not lose.

Tumbling Dice

In 2007, four new casinos were planned for Atlantic City, representing a total investment of $9 billion. As late as November of that year, a giddy report from NBC News said, “By 2012, you might not even recognize this place.”

That’s when the hammer hit. The Great Recession coupled with new Pennsylvania casinos brought the gravy train to a screeching halt. Three of the four new casinos were shelved, four of the existing casinos closed, and more than 8,000 people lost their jobs.

The only casino completed at the time—the $2.6 billion Revel, which was scaled back from two towers to one—opened behind schedule, closed inside two years, stood vacant for a while, and then was bought for pennies on the dollar by a Florida developer.

Glenn Straub’s wacky plans for the property, which he renamed Ten, included an recreational center with “frozen mountains, half pipes and motocross tracks,” charity mud runs featuring “girls in pink tutus,” rodeos, and a cryotherapy chamber, a la Michael Jackson. At various times, Straub announced that Revel would become an academic institution for geniuses and a sanctuary for Syrian refugees.

Thankfully, Straub is now part of Atlantic City’s colorful, turbulent history. In January, he sold Revel-slash-Ten to a Colorado investor who plans to reopen it as the Ocean Casino Resort. That should coincide with the reopening of the former Trump Taj Mahal as Hard Rock Atlantic City. The eight casinos that survived the recession are once again making money, and the state’s online gaming industry has helped fill the coffers too.

There are concerns the new properties will sound the death knell for weaker properties in town, but for the first time in a decade, the forecast for Atlantic City looks mostly sunny. According to a 2017 article in USA Today, the city, “left for dead for the last 10 years, is having a revival.”

In that article, the late state Senator Jim Whelan, mayor of Atlantic City from 1990 to 2001, summed it up when he said, “Atlantic City is like Dracula—you can’t kill it, no matter how hard we try.”

40 Years and Counting

Joe Kelly, president of the Atlantic City Chamber of Commerce since 1997, says the city has proven its hardiness, and also learned its lessons. “For 30 years in Atlantic City, every year was better than the last—that’s a really long period of time to grow,” says Kelly. “When gaming was added to other jurisdictions, the demand dropped and we went through that adjustment period. We improved our product. We added to it. We’re coming back.”

The city’s new mayor, Frank Gilliam, agrees. “As online gaming continues to grow with sports betting, I see the gaming industry thrive in Atlantic City as it’s done for 40 years. The new casinos set to open in Atlantic City can only continue to enhance the gaming landscape.”

Former New Jersey Superior Court Judge Steve Perskie, author and principal sponsor of the original New Jersey Casino Control Act, says Atlantic City’s future “is not dependent on how many new casinos there are. There have to be other reasons for people to come—shops and restaurants and nightclubs. It’s my hope that, over the course of next 10 years, the state makes a significant investment in terms of promoting Atlantic City. It’s always been a spectacular site for conventions and meetings, and while the facilities are first-rate, the marketing is not.”

Norton believes the biggest key to a resilient marketplace is more and better commercial air service to and from key cities like Atlanta, Houston and Dallas.

In retrospect, with all the ups and downs, with pockets of poverty still blighting the town, and with the seesawing nature of the gaming industry, have casinos proven a good bet for Atlantic City?

“The answer to that—as it was in years 10, 20 and 30—is yes, without a doubt,” says Perskie. “Atlantic City would be off everybody’s radar, it would have disappeared from a commercial point of view, if not for the fact that the people of New Jersey chose to legalize gaming 40 years ago.

“While indeed the experience of Atlantic City in the last 10 years has been difficult, the words of Mark Twain come to mind. Reports of Atlantic City’s death are greatly exaggerated.”

When the Supreme Court overturned the 1992 Professional and Amateur Sports Protection Act (PASPA), it moved legislation on sports betting to the top of the pile for many states. Some states, like Delaware, New Jersey, Mississippi and some others, will act quickly, but each state has different environments, players and needs. Here’s a review of states that have considered legalizing sports betting within the last year.

ARIZONA

In Arizona, where the state government collected $100 million from revenue sharing with gaming tribes in 2017, some tribes claim they already have the exclusive right to offer sports betting under their state tribal gaming compacts.

Others say they are willing to negotiate that as part of amended compacts.

Governor Doug Ducey reportedly sees an opportunity in the Supreme Court ruling to modernize tribal gaming compacts and boost revenue to the state. Most of the compacts are coming up for renewal in 2022—several tribes have said they want to revise those compacts well in advance of that date.

Speaking of the compacts, Ducey told reporters, “The world’s changed tremendously since the year 2000,” the year most compacts were negotiated. “We have the Internet online availability.’’

The Arizona Daily Star reported that the governor is open to allowing sports betting at 55 off track sites throughout the state. “There’s a lot of opportunity here,” he told reporters.

“Of course, we have the tribal gaming compact,” he said. “And of course, we want to respect that and make sure we’re properly communicating with the tribes. But there’s also other factors we want to take into account.” And that includes the OTB sites, he said.

Horseracing interests would also like to be considered, as well. Vince Francia, general manager of Turf Paradise, a Phoenix operation that runs most of the OTB sites, wants the governor to offer his business some of the sports betting opportunity.

Ducey told reporters, “We want to build out the stakeholder group, look at some best practices around the country, and see how we can maximize this for the citizens of Arizona and for the general fund. I do think there is a real opportunity here.’’

CALIFORNIA

Both legislators and tribes in the Golden State have opined that the voters would have to amend the state constitution to pave the way for legal sports betting.

Rep. Adam Gray, a consistent supporter of expanded gaming in the state, announced upon hearing of the high court decision that he would move forward a constitutional amendment. It would require fast action to happen in time to make the November ballot.

He issued this statement: “The decision by the Supreme Court affirms that the choice to legalize sports wagering is one for the states to make for themselves. The ball is in our court. The voters of California will now have to make the decision whether or not to authorize sports wagering.”

The representative has had Constitutional Amendment, ACA 18 ready since July. He regarded it as a “placeholder” until the exact ruling was known. Once it was known, Gray declared, “Now that the court has given the states the right to make this choice, it is time we begin to have a serious conversation about sports wagering in California.”

There is a late June deadline and a requirement that both houses approve the measure by a two-thirds margin. This is seen as unlikely by most Sacramento observers.

Meanwhile Steve Stallings, chairman of CNIGA (California Nations Indian Gaming Association) put lawmakers on notice that gaming tribes will fight efforts to allow racetracks, online operators and cardrooms to offer sports betting.

Stallings wrote, “Moving forward it will take an amendment to the California Constitution to permit any form of sports wagering.  In doing so, we would advise the state to move slowly and cautiously and examine all angles as it relates to sports betting.  As the state of California weighs the decision of whether to allow for the practice of sports wagering, we firmly ask that tribes have a place at the table in any and all discussions surrounding this issue.”

Stallings added, “We also want to make very clear that California voters have, on numerous occasions, confirmed the exclusive right of California tribal governments to operate casino-style games.  Legalization of sports betting should not become a back-door way to infringe upon that exclusivity.”

Despite Stallings’s assertion, sports betting is not mentioned in the Indian Gaming Regulatory Act (IGRA) of 1988 that created the regulatory framework for Indian gaming.

One factor that might bring the disparate parties together is the state’s looming budget crisis. But that means squaring the circle of the interests of 65 gaming tribes, who don’t necessarily have identical goals and interests, seven racetracks, and around 90 card clubs.

COLORADO

Eric Goodman and Les Shapiro of Mile High Sports AM 1340 | FM 104.7 brought in

Jay Kornegay, the Vice President of the Las Vegas Hotel & Casino SuperBook to discuss how the high court decision might affect Colorado.

He was optimistic. “I can see it,” he said. “I think that they’ve shown that they’re very progressive and open-minded in the state, that I believe they’re going to have some form of sports wagering.”

He said the big question is whether mobile sports betting will be offered, which would appeal to a state with wide open spaces like Colorado. “Once you set up that mobile, it only works within the state boundaries,” Kornegay said. “That means people could go to the Rockies game, could go to the Nuggets, could go to the Broncos and via their phone could make wagers on that particular game.”

He added, “I know some states are not going to go down that road, but I can see Colorado having some form of sports gambling at their brick and mortar stores, but not the mobile.”

He also doesn’t see sports books operating in stadiums or sports arenas.

CONNECTICUT

A bill to legalize sports betting was fast out of the gate of the Connecticut legislature, and among the first to crash and burn.

According to the Hartford-Courant a bill died before the Supreme Court lifted the ban. HB 5307 was among nine other major bills that died when the legislative session ended May 9. It died in spite of being noncontroversial and broadly supported by gaming operators, including the Mashantucket Pequot Tribe, state regulators and the Connecticut Lottery Corp.  

HB 5307 had been introduced in March along with a slew of other bills that would have legalized daily fantasy sports and authorized a casino in Bridgeport.

Lawmakers had hoped to have a framework approved and all of the regulations in place before the Supreme Court acted. Supporters have estimated that the state could rake in $6.5 million the first year and that amount would grow to $9.1 million eventually.

However, the bill began to drag when the Pequots and the Mohegans, operators of the state’s only casinos, insisted that they and only they could legally offer sports betting under the existing tribal state gaming compacts.

Mohegan Gaming & Entertainment spokesman Jennifer Harris Ballester said in a statement, “We have long felt that Mohegan Gaming & Entertainment was in a great position to offer this type of gaming at our properties.”

Attorney General George Jepsen rejected this claim, although he advised the legislature to “carefully consider a number of factors before legalizing sports betting.” Some lawmakers declared that the compacts never contemplated including sports betting.

FLORIDA

In Florida, Governor Rick Scott’s Deputy Communications Director McKinley Lewis said, “We will review the court’s ruling. Any changes to Florida’s gaming laws would be made by the Florida legislature.”

But that’s not necessarily true, because of Amendment 3 which will appear on the November ballot. If it passes by 60 percent, voters will have exclusive rights to approve any future casino gambling expansion—including casino card games, slot-like games and Class III games.

John Sowinski, president of No Casinos, the group behind the amendment said, “The next question is, who should have the final say on sports betting? Should it be Tallahassee legislators and gambling lobbyists or should it be the people of Florida? We think that decision belongs in the hands of the people of Florida. Even if it weren’t, shouldn’t it be? Shouldn’t Florida voters have the final say on something as significant as that?”

But Robert Jarvis, law professor at Nova Southeastern University, said the issue of sports betting could hurt Amendment 3. “Even if people are against casino gambling, most people are OK with sports betting because they are used to betting on a Super Bowl pool, they’re used to betting on a March Madness pool at their office. If they think Amendment 3 would stop sports betting after the US Supreme Court has approved it, I think they’re going to think twice about voting for Amendment 3.”

Commenting on sports betting and Amendment 3, incoming Senate President, state Senator Bill Galvano noted, “The ruling does not automatically change the gaming landscape in Florida. I believe it will create more interest in pursuing some types of sports betting. But all of that is overshadowed by the pending constitutional amendment, which may create tremendous obstacles for any type of sports betting to come into the state.”

Sports betting also could add a new element to compact negotiations between the state and the Seminole Tribe. The Seminoles have exclusive rights to offer card games like blackjack in return for giving the state a share of revenue. Under a deal negotiated by Governor Rick Scott’s administration and tribal leaders last month, that means monthly payments of $19.5 million. But as of now, the future of that deal is uncertain.

Tribal spokesman Gary Bitner said, “It’s going to take some time to understand what the sports betting ruling means in states outside of New Jersey, in Florida and for Indian tribes around the country. It will really require some research in terms of the law and how it may be applied.” One complication is, by the time the Florida legislature meets again in March 2019, the state will have a new governor and legislative leaders.

Still, said Marc Dunbar, a partner with the Jones Walker law firm and a lobbyist for the Stronach Group, owner of Gulfstream Park in Hallandale Beach and other major racetracks around the U.S., “Florida is uniquely positioned to take advantage of sports betting. This ruling specifically benefits destination states like Florida and could result in a significant boom for the state’s tourism economy.”

ILLINOIS

With the legislative session winding down, Illinois lawmakers most likely will not consider any sports betting legislation.

State Rep. Lou Lang said, “I learned that some states were so much of a hurry to pass a law on this that they screwed it up. We’re not going to screw it up. We’re going to do it right. And I’m not going to put a House bill together and get it out there for people to look at until I’m comfortable that it’s the right bill.”

State Senator Steve Stadelman, chairman of the Senate Gaming Committee, added, “I think that this will be something that will be discussed and negotiated in the months ahead. And probably, more realistically, we’re looking at this fall or maybe early next year when we see something concrete.”

On the other hand, however, state Rep. Mike Zalewski said he’s concerned by waiting too long Illinois risks having a rogue operator come in and take bets, despite the fact that’s against state law.

“We would be reckless if we didn’t try to get a law on the books as soon as possible,” Zalewski stated.

Legislators introduced at least four sports betting bills this session. SB 2478, sponsored by Stadelman, remains in committee but he’s seeking an extension. The “Sports Consumer Protection Act” would task a state agency with enforcing sports betting laws for both in-person and mobile sports wagering. SB3432, sponsored by ex-NFL running back state Senator Napoleon Harris includes the 1 percent integrity fee sought by major leagues. It also failed to get a third reading and is effectively dead. 

SB 3125 sponsored by state Senator William Brady would amend the Illinois Horse Racing Act of 1975 to allow sports wagering at racetracks. The bill, which also would create the Division of Sports Wagering within the Illinois Gaming Board to issue licenses, was referred back to the Assignments Committee late last month. And on the House side, HB 5186, the “Sports Wagering Act,” introduced by state Rep. Tim Butler was referred to the Rules Committee in February and remains there.

INDIANA

Indiana has discussed several sports betting bills sponsored by Rep. Alan Morrison, but none have ever reached the House floor for a vote. Nonetheless, Morrison is confident that he’ll be able to get something done in the next session and possibly have betting up and running by September 2019.  Morrison’s efforts are supported by the state Casino Association.

A possible hiccup in those plans is a case filed by the players’ associations of all the major sports claiming they are due “right to publicity payments” from daily fantasy sports operators, which could easily be extended to include legal sports betting operations.

IOWA

The legislature did not act on a bill during this session that would have legalized sports betting once the Supreme Court acted to remove the ban.

According to a spokesman for the Iowa Racing and Gaming Commission, the high court ruling does nothing to change the state’s law that bans sports betting.

A bill that would have changed that law, House Study Bill 592 was introduced in February. It easily passed the House Government Committee by 16-7 and had been referred to the Ways and Means Committee. It would have allowed bets on professional and collegiate sports betting with the state collecting a $25,000 annual licensing fee on hosts and collecting an 8 percent tax. Supporters claimed it would generate as much as $90 million annually.

The bill did not include the so-called “integrity” fee that professional sports leagues have lobbied for. It included a tiered tax rate of 5 percent for the first $1 million in gross receipts and 10 percent above that.

The session ended in April without a bill being passed.

Commission Administrator Brian Ohorilko told 3 New Now said the commission is studying the ruling and expects another bill to be introduced next year.  He said the commission would contact casinos operating in the state.

“It would certainly make it easier for a state like Iowa to get up to speed quickly and be prepared to regulate sports wagering, if indeed we were asked to do that,” he said.

Industry experts say it’s likely any bill next year will include a component for mobile gaming.

There is an abundance of venues where sports betting could be allowed, including tribal and commercial casinos, five racetracks and several OTB parlors.

KANSAS

Sports betting could be offered in Kansas’ nine casinos, both commercial and tribal, and three horse racetracks. The Kansas state budget office estimated sports betting could generate $70 million if Kansans wager $1.5 billion at state-owned casinos or online. However, if casinos successfully lobby to remove the online component, proceeds would decrease significantly.

In the latest legislative session, five sports betting bills were introduced and died. Following a hearing in March to learn about sports betting, lawmakers determined they had a lot more to learn. At first it was agreed any legislation would not pay major leagues’ integrity fee. But soon after, similar bills introduced in the House and Senate proposed an integrity fee at .25 percent instead of 1 percent. It also taxed revenue at 6.75 percent and gave pro leagues control over data.

A sports betting bill offered by state Rep. Jan Kessinger received a hearing but then faded away. “This is the trigger, the catalyst for Kansas to be able to put together a good sports betting bill,” he said, adding now, thanks to the Supreme Court ruling, he’ll continue the push for sports betting.

State Rep. John Barker, chair of the House Federal and State Affairs committee, said he plans to write to the House speaker to request an interim committee take up a sports betting bill. “I think we need to look at it. And if we can come up with a reasonable plan, I would be very supportive of it,” he said.

An official at Hollywood Casino at Kansas Speedway said that venue opposed the bill, adding the state could wait another year to revisit sports betting legislation.

LOUISIANA

Louisiana Governor John Bel Edwards said the state should consider legalizing sports betting but not until next year.

“Certainly we should look at it,” he said, though not during the upcoming special session which will focus on taxes and the state budget. “We still don’t have all the rules necessary or know how it would be implemented and how it would be taxed,” Edwards said.

State Senator Danny Martiny’s sports betting legislation died in the Senate Finance Committee, where several members oppose any gambling expansion in Louisiana. Martiny said Louisiana will lose businesses to Mississippi casinos that will have legal sports wagering in just a few weeks. “Everybody else in the country is excited. But Louisiana’s not going to participate, which is a joke. So, in our quest to be Number 50 in everything, here’s another one. We’re the laughingstock of the country,” Martiny told fellow lawmakers.

Even if Martiny’s legislation had passed, sports betting only would be legal in parishes where voters approve it, according to the state constitution. Martiny said he’ll bring the bill back next year.

MASSACHUSETTS

Now that the doubt has been removed as to whether the Bay State can offer sports betting, the discussion has shifted to should it? And should you be able to make bets at your local sports bar or even on  your phone?

Last week Massachusetts legislators began discussing the issue. Senator Eric P. Lesser, co-chairman of the Joint Committee on Economic and Emerging Technologies began the discussion with  “I think Massachusetts needs to be thoughtful about its approach to the issue, but I think a consensus is emerging that the time has come to do something.”

Within a few hours of the Supreme Court decision Governor Charlie Baker said he would soon be talking with leaders in both chambers about the ruling. “Off the top of my head….I would say it’s certainly something we should look at.”

The governor, who is beginning a reelection campaign, told reporters, “I promise you that the vast majority of the states around the country will certainly take a look at it, and it really becomes a question of whether this is something that people believe ought to be part of their revenue stream, ought to be part of their entertainment industry or not.”

He reminded the journalists that the state is on the verge of opening two large casinos, the MGM Springfield this August and the Encore Boston Harbor in June 2019. They will join the Plainridge Park Casino that has been operating for almost three years. He wondered aloud how that fact will affect how the state treats sports betting.

The Massachusetts Gaming Commission recently commissioned a study that projected the state could realize from $9 million to $61 million in taxes if it legalizes sports betting.

“There are costs with benefits associated with this sort of stuff, like there always are,” said Baker, comparing this to the costs and benefits of legalizing recreational marijuana, which the Bay State is preparing to do.

Massachusetts Senate President Harriette Chandler told reporters,  “We are reviewing the SCOTUS decision to determine its full impact on Massachusetts,” and later added, “Clearly, this decision opens the doors for states to bring sports betting out from under the table and into the light.”

MICHIGAN

Michigan state Rep. Brandt Iden sponsored HB 4926, one of four sports betting bills introduced in the House. The legislation would “allow every brick-and-mortar casino, including tribal, to allow all the current games in-house and online,” including sports betting.

Iden stated, “I think it’s very important to be among the first movers. If we beat Ohio, Illinois and Indiana, we’re going to have people coming to Michigan for that very reason. They’re going to eat at our restaurants, be in our downtown. There’s definitely a benefit to move quickly.” Iden noted people already are illegally betting on sports. “This is going to regulate it and add consumer protections,” he said.

Iden has been working with state Rep. Robert Kosowski, sponsor of sports betting bills. Kosowski’s bills address legalizing sports betting across the state and allowing sports betting at state lottery terminals. All four measures currently are in the Regulatory Reform Committee, where Iden serves as chairman.

Kosowski commented, “We’re taxing our residents more and more every year. And I was just trying to think of ways to get more money into the state. I’m very enthusiastic about this. People ask me, ‘Well, you must gamble.’ I do, I put money on the Super Bowl. I can go right to Windsor, Canada, I can take a quick 5-minute toll road and be there in 10 minutes. Look at all the money we’re losing with me eating there, betting there, bringing my friends there.”

Kosowski said it’s possible sports betting could be a reality in Michigan “maybe at the start of football season, something’s possible. But we have to have a lot of work groups, meet with the casinos in Detroit and the tribes. We’ve got to get everybody’s intake and go from there.”

Both Iden and Kosowski support brick-and-mortar casinos hosting sports betting and also allowing sports wagering online. “I see the issues as combined. The bill certainly stared out as internet gaming, but as the reality of sports betting became more of an issue, I think it’s really going to become the main issue,” Iden said.

Kosowski said he supports internet gaming and even would allow bettors to make remote deposits via debit cards. He’d also like to see sports betting allowed at lottery kiosks. “I think we should accept sports betting at our lottery terminals. Why shouldn’t I be able to walk up as I’m buying milk or beer, why can’t I look at the line and put down $20 on the Lions? It makes it more exciting,” he said.

However, both legislators believe sports bettors must be required to register in-person at a casino. Kosowski said casino staff can verify the person registering, plus that will bring people into the casinos who possibly also will gamble there. Opponents of this rule said it’s antiquated given current technology’s capability to provide secure transactions online.

The Michigan legislation would allow sports betting as part of a larger package of bills designed to authorize internet gaming through tribal or Detroit casinos without an amendment to the state constitution. A bettor would have to be located in Michigan even when making a wager online through one of Michigan’s 26 licensed casinos.

Regarding taxes, Iden’s bill has been amended to call for an 8 percent state tax on online revenue–less than the 15 percent that brick-and-mortar casinos currently pay on gaming revenue. Kosowski said he’s “fine with whatever number, he’s in the majority and I’m in the minority, I just want sports betting.”

The 1 percent integrity promoted by the National Basketball Association and Major League Baseball is not included in either legislator’s bills, though they both concede it’s probably inevitable. Iden said, “I continue to have conversations with the leagues about the integrity fee. They’re just getting started in that process. I haven’t really weighed in on the issue, but suffice to say all the leagues haven’t decided what to do yet. I think that you will see some form of the integrity fee, but not in its current form. Eventually it will sort of work itself out.”

Kosowski said he could see Michigan including an “integrity fee” in a sports betting law. “I don’t know what that number is. It would help the game, it would help the leagues.”

Complicating the situation is that two Detroit casinos are owned by families that also own professional sports teams. MotorCity Casino is operated by Marian Ilitch, whose family owns the Tigers baseball and Red Wings hockey teams. Greektown Casino is owned by Dan Gilbert’s Jack Entertainment and he also owns the Cleveland Cavaliers. The league allowed Marian Ilitch to own MotorCity after she said she had nothing to do with the family’s operation of the Tigers, which was headed by husband the late Mike Ilitch and now by their son Chris Ilitch.

Jack Entertainment Chief Executive Officer Matt Cullen said Greektown Casino Hotel supports sports betting at “brick and mortar facilities” with proper regulation. “The detailed state regulations that will be written in response to the Supreme Court’s decision will determine the safety and viability of this potential amenity,” he said.

MotorCity spokeswoman Jacci Woods said, “MotorCity Casino Hotel looks forward  to working with the Michigan state legislature and the Michigan Gaming Control Board to ensure a sound regulatory environment that protects the integrity of sports wagering and benefits the people of the state of Michigan.”

Iden said Michigan tribes, which operate more than a dozen casinos around the state, “are still opposed to the bill, but not as staunchly as they were. Conversations with the tribes have been going on for one-and-a-half years, and I think we’re in a good spot. Right now, for me, it’s about educating my peers. And I do believe we are going to reach a middle ground with the tribes. They want to see a level playing field for everyone in the market, and I fully understand that,” Iden said.

FireKeepers Casino Hotel Vice President of Marketing Jim Wise said “The  Nottawaseppi Huron Band of Potawatomi will monitor legislative activity and continue internal talks over whether to add sports wagering to its mix of offerings for patrons and guests. We expect there will be a lot of discussion about this topic in the coming weeks and months, but until there is something more to react to, it’s probably premature to speculate.”

Michigan Governor Rick Snyder’s office said in a statement, “We are still reviewing the Supreme Court’s decision, but on the surface, it appears legalization of sports betting is something that would need to go through the legislative process, keeping in mind the will of the voters of Michigan on the expansion of gaming.”

At Michigan State University, the office of the president stated, “This is a new development and it will take time to review how this ruling impacts college sports. MSU will be awaiting guidance and direction from the NCAA on how it plans to proceed.”

MISSISSIPPI

Mississippi Gaming Commission Director Allen Godfrey said commissioners are planning to have sports betting regulations and approvals finalized so it could be offered in the state’s casinos in 60 days or less—in time for the fall football season. Under legislation passed last year during debate over laws regulating fantasy sports, sports betting would be available only at casinos (no online component), and each casino would be required to have its plans approved by the commission, Godfrey said.

He predicted bettors would drive to Mississippi to wager on sports since it’s not legal in neighboring states, like Louisiana, where sports betting bills died in the legislature. “It’s technically just another game that’s being allowed to be played in a licensed casino,” Godfrey said.

Commissioners most likely will consider sports betting rules at its June meeting, Godfrey noted. Once they send the rules out for public comment, they must wait 25 days before voting to finalize them. Then the rules will take effect in 30 days. A June vote means casinos could renovate areas to serve as sports books before college football season begins in late August. The first regular season NFL game is September 6.

Mississippi Gaming and Hospitality Association Deputy Director Michael Bruffey said, “A lot has to happen over the next 90 days before football season begins.” He noted, “The sports betting itself is not a huge revenue generator. The margins are very small. However, it is an attraction” and brings people to casinos who will spend money on hotel rooms, restaurants and other gambling.

Chett Harrison, general manager at the Golden Nugget in Biloxi, said casino operators along the Mississippi Coast began making plans for sports betting long before the Supreme Court announced its ruling. “Absolutely. We’ve been working on it for a couple of months. It’s going to bring a lot of people to the Coast.”

He stated sports books “don’t operate on huge margins, but they bring a lot of energy to the facility.”

Penn National Gaming Vice President of Public Affairs and Governmental Relations Jeff Morris said the company, owner of the Hollywood Casino in Bay St. Louis, was “pleased with the Supreme Court’s decision. “Sports betting could be another amenity at our properties and help generate additional visitation, as well as drive incremental state tax revenue.”

In a statement, MGM Resorts International, which owns the Beau Rivage in Biloxi, said, “Mississippi is already well on the way to offering legal sports wagering. We are actively engaged with Mississippi regulators and anticipate we will be able to offer best-in-class sports books within a few months, as soon as regulations are in place.”

Scarlet Pearl Casino Resort Chief Executive Officer LuAnn Pappas said, “We have been working on the possibilities for our sports betting operations and are looking forward to working with our regulators.” She added the D’Iberville casino already has two new food and beverage areas currently under construction.

Rick Carter, owner of Island View Casino in Gulfport said he’s been planning a long time for the day when Mississippi could offer sports betting. “The buzz is there. People are excited about it. Everyone is jockeying around trying to be the first one. This is a game changer for us. This gives us another amenity we can go out and market that makes us different than everybody else, and that is big,” Carter said.

In 2017, Mississippi gambling revenue was about $2 billion, down slightly from 2016, according to gaming commission data.

MISSOURI

The Missouri legislative session ended May 18 amid the major distraction of the sex scandal surrounding Governor Eric Greitens. A sports betting bill was not passed although six bills were circulated, including three House bills that would have allowed sports betting at any licensed operator or limited sports betting to riverboat casinos. One included the 1 percent integrity fee. One advanced out of committee during the session.

State Rep. Justin Alferman, sponsor of one of the measures, said, “Whether we can arrive at a solution within the next week or so, I can’t be sure of that. But what I do know is that my phone has been ringing off the hook literally all day.”

Observers said the bill sponsors are laying the groundwork for passing sports betting legislation in 2019.

MONTANA

The Supreme Court ruling won’t have an immediate effect in Montana, which was one of the four states exempted from Professional and Amateur Sports Protection Act (PASPA) because it already allowed the practice when the law was passed in 1993.

Currently residents bet on horseracing at the five casinos and two racetracks regulated by the Montana Board of Horse Racing. The state lottery operates fantasy football and fantasy racing games at bars in the state. This also benefits the horse racing board.

Tom Tucker, executive director of the board, told ABC Fox News, “I think that there’s too many entities out there that depend on the current gambling structure.” He added that the point of fantasy league games is to attract customers to local establishments.

If sports wagering were to be expanded it would be prudent to study ways to do it so that existing businesses wouldn’t be cannibalized, he said.

The state, where a large percentage of the population owns horses, 35 years ago had 14 racetracks and 100 days of racing each year. After gaming was legalized, that number fell to two racetracks and annual bet totals of $500,000 compared to $12 million.

NEBRASKA

Governor Pete Ricketts told reporters he has no plans to seek legalization of sports betting or any other kind of gaming expansion in the state.

“I’ve always been against expanded gambling here in Nebraska, said the governor. “In fact, that’s how I got involved in politics over a decade ago. And so, I have no plans to change that.”

The state does not permit casino gaming of any kind.

NEVADA

Are Nevada’s casinos worried about the end of their virtual monopoly on legal sports betting in the United States?

Don’t bet on it.

We’ve been preparing for this decision for a very long time,” Jay Kornegay, the sports book director at the Westgate Las Vegas Resort & Casino, told The Associated Press.

Silver State operators see parallels with the nationwide proliferation of casinos in the 1990s, which boosted visitation to Las Vegas exponentially by spreading awareness of the Sin City brand and whetting consumers’ appetites for the real thing. 

“(Customers) are telling us that if they can participate in sports betting at home, whether they live in Mississippi or New Jersey or Massachusetts, it will only increase their interest in the sport and their team, and they will absolutely want to come to Las Vegas to root their team on, whether it’s in a tournament or on TV or actually physically playing,” said MGM Resorts International CEO James Murren.

“If you think back on casino expansion throughout the United States, that has actually benefited MGM in Las Vegas because people want to go to the market leader, which Las Vegas is the undisputed leader in the United States. I think the same will happen with sports betting as well.”

Kornegay added, “With the expansion of legalized sports betting across the country, there’s a chance that it will be introduced to a whole new demographic who will then want to come to Las Vegas and experience the Las Vegas venue. I think most of us are really embracing this.”

Analysts at Fitch Ratings agree, stating their belief last week that expansion won’t “have a material adverse impact on Las Vegas’ sports betting activity”.

“We do not anticipate sports books in regional markets will materially compete with Las Vegas during marquis sporting events, such as the NCAA Final Four or the NFL Super Bowl, as Las Vegas has firmly established its attractiveness as a leisure destination.”

If anything, Nevadans see expansion as an opportunity to extend the state’s well-known gaming brands into entirely new markets.

State Senator Catherine Cortez Masto and Representative Ruben Kihuen said one way Nevada operators will maintain their leadership is by assisting other states design regulatory frameworks and effective operational systems.

“This opens the door for Nevada’s gaming industry,” Kihuen said.

Caesars Entertainment CEO Mark Frissora said his company, which owns or manages casinos in 13 states, plans to offer “safe, exciting sports wagering experiences to consumers across the country.”

NEW JERSEY

As the state that challenged PASPA, New Jersey is positioned to be the first to introduce sports betting, with Monmouth Park Racetrack in Oceanport NJ originally announcing it expected to go live at it sports book built in conjunction with William Hill on May 28.

Meanwhile, the state legislature is moving quickly to put in a new sports betting law that fits better with the Supreme Court’s ruling and would see the state regulate sports betting through its Division of Gaming Enforcement.  That move to reintroduce a sports betting law, however, appears to have slowed the racetrack’s plans.

New Jersey’s challenge of PASPA actually involved its current law to allow for self-regulated sports betting at racetracks and casinos in an attempt to circumvent the PASPA ban. However, with the court striking down PASPA altogether, a bill has quickly emerged in the New Jersey Senate to regulate sports betting. A similar bill had already been introduced in the state’s Assembly.

State Senate President Stephen Sweeney, has moved the Senate bill and has said in statements that while details of the bill are still being worked out, he expects sports betting to begin in the state by June and the legislature could vote on the bill as early as June 7.

“We want to move quickly to capitalize on New Jersey’s advantages on this opportunity,” Sweeney told the Press of Atlantic City. “The specific schedule still has to be set and we have to coordinate with the state Assembly, but I expect to have the sports-betting bill approved by the Senate at our next session on June 7 so that sports gaming can be up and running as soon as the governor signs the bill.”

Assembly Majority Leader Louis Greenwald, echoed Sweeney’s estimate saying in press statements that the state has long been preparing for sports betting and there is no reason the measures would be delayed.

“From a business perspective, we should want to get this up and running quickly,” he told the Press. “We’re not reinventing the wheel here. We have strong gaming houses and institutions in New Jersey already.”

Still Greenwald did not commit to a date for the bill’s passage even while acknowledging that the state is under some pressure to move quickly as other states consider their own sports betting legislation.

The sports betting bills also have the support of New Jersey Governor Phil Murphy who said in a press statement that his administration looks “forward to working with the legislature to enact a law authorizing and regulating sports betting in the very near future.”

Murphy also praised former Governor Chris Christie, who began his fight to allow for sports betting in the state as early as 2011, when he pushed for a referendum in the state to allow sports betting. That referendum passed easily with about 60 percent of voters approving.

The bill before the state Assembly would regulate sports betting through the state DGE and allow the state’s racing commission to be involved with approving sports books at racetracks or in “any agreement between a casino and a racetrack to jointly operate a sports pool.”

The state would tax gross revenue on sports betting at 8 percent with online sports betting at 12.5 percent. Casinos would also pay an additional “integrity fee” to fund investigations into the integrity of sports games by the state. The bill, however, does contain a mechanism to pay some of the integrity fee to professional leagues.

Betting would also be banned on collegiate sports played in the state or involving a New Jersey based school.

For Monmouth Park, the question is whether the track can begin offering sports betting before licensing begins under any new law.

“In the interim, Monmouth Park is not subject to an injunction,” Dennis Drazin, CEO of Darby Development LLC, which operates the track initially told NJbiz.com. “And until there is new legislation, we believe we are free to open up in a privately regulated environment. If the governor and/or the legislature ask us to slow down, we will defer to their wishes.”

However, a report by NJ Advance Media suggests the track will have to wait as the new Senate bill contains a caveat stating that anyone who opens a sports betting operation before the state puts regulations in place will be barred from accepting future bets on games.

“We just got the decision,” Sweeney told the news service in a later interview. “We’re moving quickly with legislation. I’m hopeful we should be ready by early June. Everyone should respect the legislative process rather than jumping out. “We fought for this for seven years. I’m anxious to get started just like everyone else.”

Drazin told the news service he had not spoken with Sweeney, but again said the track would defer to the legislature’s wishes if asked to wait. However, later reports now say the track is planning a charity event for May 28, which will feature only ceremonial bets with Governor Phil Murphy, former Governor Chris Christie and other state lawmakers.

Track officials have been gambling on the sports betting ban being lifted and have already constructed a sports book facility in conjunction with William Hill. The track paid $500,000 for the construction of the sports book and William Hill is obligated to spend about $5 million on the facility—which will include a sports bar—now that sports betting has been allowed, according to NJbiz.com.

William Hill US CEO Joe Asher said a team from the UK bookmaker  was sent to New Jersey to begin preparing operations almost immediately after the Supreme Court ruling. Asher said the company wants to begin accepting bets “as soon as possible” and then later announced the May 28 starting date along with track officials.

Asher said Monmouth Park’s sports book infrastructure work is mostly done, though some equipment still needs to be installed, according to reports. The track, however, has been preparing for sports betting since New Jersey first challenged PASPA.

“We made the bet that we wanted to be ready in the event that the Supreme Court ruled for us,” Asher told Legalsportsreport.com “We didn’t want to wait and start figuring it out today. We were working on this going back to the beginning of the year.”

Atlantic City casinos are also actively moving to get sports book operations in place. Previous reports have stated that the Borgata casino—the city’s market leader—has already begun creation of a sports book at its property and several casinos—including the yet-to-open Hard Rock casino—have announced they expect to offer online sports betting as well as open their own sports books.

When the decision was issued, officials from Caesars Entertainment Corp., MGM Resorts International and Tropicana Atlantic City said the ruling creates an opportunity to legitimize sports betting and offer guests a regulated gaming experience.

“We plan to announce our specific approach to this business as we better understand the opportunities and regulations which evolve from today’s Supreme Court decision,” said Mark Frissora, president and CEO of Caesars Entertainment, which operates three Atlantic City casinos—Bally’s Atlantic City, Caesars Atlantic City and Harrah’s Resort in a press release.

Two days after the court ruling was announced, Churchill Downs announced a deal with Golden Nugget Atlantic City to offer sports betting both online and at the casino. Officials said they are targeting early 2019 to begin accepting legal wagers for sports betting and online gaming in New Jersey.

Churchill Downs will offer online and sports betting services through the SBTech sports betting platform under a deal also announced this week. SBTech is an interactive gaming provider with offices in London, Malta, and Isle of Man.

It should be noted that Churchill Downs has also been increasing its presence in Pennsylvania, where it has moved to acquire racino Presque Downs, and also has interests in three Mississippi casinos. Both states are expected to also offer sports betting.

State officials also welcomed a move by the NCAA to suspend its policy of blocking states that offer sports betting from hosting championship games in the wake of the court ruling. The league has said it now supports “a federal model addressing legalized gambling.”

The NCAA—which opposed New Jersey’s challenge—has essentially blocked NCAA men’s basketball Tournament games from being played at the Prudential Center in Newark since 2011 when the state first started its push for legal sports betting. The sports betting bills now under consideration, however, would block betting on collegiate games played in the state.

NEW YORK

New York is one of 20 states where lawmakers have either drafted or approved legislation to get their homegrown markets rolling in anticipation of an end to the federal government’s ban on gambling on professional and amateur sports.

Now that the U.S. Supreme Court has spoken, and the ban is history, the Empire State is considered one of the front-runners along with New Jersey, Delaware, Pennsylvania, Mississippi and West Virginia by virtue of the 2013 amendment to the state Constitution that approved commercial casinos and authorized them to open sports books once the ban was lifted.

“We have remained pro-active in anticipation of this decision by the court,” state Sen. John Bonacic said last week. “I am confident that working together with my colleagues in both the Senate and Assembly, we can have a bill ready for the governor’s signature by the end of the session.”

Gov. Andrew Cuomo, however, said he does not expect anything substantial to happen before the Legislature adjourns on June 20.

“We’ll do an economic analysis and a legal analysis, but nothing’s going to happen this year because there’s literally just a number of days left in the legislative session and this would be a very big issue to tackle.”

His assessment would appear the more realistic one as things stand. Bonacic has a bill in the Senate that provides an outline of what he believes a statewide market should look like, but the measure has been in committee since its introduction in March with no companion bill in the Assembly around which a consensus on regulation can develop.

That said, the timing for regulation couldn’t be better, with the state’s racetracks clamoring for tax relief in one of the country’s most crowded gaming markets, and the new commercial casinos underperforming their revenue expectations by tens of millions of dollars.

New York’s Indian tribes, which dominate casino revenue in the state at several Las Vegas-scale resorts, are empowered by federal law and their gaming compacts with the state to offer any form of gambling that’s legal elsewhere in New York, and they’re likewise ready to move quickly.  

Certainly, the opinion among sports betting proponents is that Bonacic’s bill does a lot of things right.

It provides rules for the commercial casinos del Lago Resort and Casino in the Finger Lakes, Rivers Casino & Resort in Schenectady, Tioga Downs Casino in the Southern Tier and Resorts World Catskills to exercise the provisions in their licenses allowing them to take bets on sports both on-site and by computer and mobile phone.

Importantly, it also cuts the state’s racetracks, racinos and OTBs into the action by allowing them to partner with the casinos in offering affiliate betting venues and registration for their patrons to access the online and remote platforms although this excludes the New York City metropolitan area.

Its tax structure is similarly agreeable: 8.5 percent of gross revenues, which Bonacic estimates would raise $10 million to $30 million annually to fund education.

If there’s a sticking point it’s in the language providing for a so-called “integrity fee” payable to the pro and/or college sports leagues for their participation. The National Basketball Association has been especially vocal in calling for such a fee. It wants 1 percent of every bet in every regulated state as a payback that “fairly compensates the NBA’s teams and players,” as a league spokesman put it earlier this year.

Bonacic’s bill provides for a fee of 0.25 percent with a cap equivalent to a maximum of 2 percent of the casinos’ win.

There are objections, too, to provisions in the bill that would allow the leagues to petition the New York Gaming Commission to restrict certain types of wagers and to require the casinos to pay to use official league data in settling wagers.

As Michael Kane, president of the New York Gaming Association, an industry trade group, has said, “If the integrity fee was just that and included access to the data, we wouldn’t have a problem with it. But it could restrict the type of bets operators would be willing to take if data costs are too high.”

Assemblyman Gary Pretlow, who controls the fate of regulation in the lower house as chairman of the Racing and Wagering Committee, agrees. “I don’t want to be held hostage by the leagues,” he stated back in March. “I think if you allow (the leagues) a piece of it and you have to depend on them for information, and they hold back that information—that causes a problem.”

OHIO

Ohio Attorney General Mike DeWine, who is running to be Governor DeWine, is exhorting the legislature to waste no time in passing a bill to take advantage of the Supreme Court ruling.

He has called for acting “right away” to beat special interests from qualifying a measure for the ballot that might impose regulations and say where the money would be used in way that lawmakers might not like.

DeWine’s comment is similar to one made by his Democratic rival Richard Cordray.

Ohio might not collect that much money even if it does act. In Nevada, for example, the locus for almost all sportsbook at the moment, tax revenues are less than $20 million a year.

Michael Lawton, senior research analyst for the Nevada Gaming Control Board says people confuse the amount that is wagered on sports betting, $4.9 billion in 2017 in Nevada, and confuse it with how much the casinos made, which was $248.8 million. In Nevada the state took 6.75 percent off the top of that.

The Buckeye state has four casinos and seven racinos, which totaled $1.7 billion in 2017. Using that as a benchmark, and comparing the betting in Nevada, Ohio would realize about $13 million in state taxes, said Lawton. That wouldn’t make a huge impact on the state’s $35 billion budget.

Lawton says sports betting generates other collateral economic activity in Nevada. He told the Cleveland Plain Dealer, “Sports betting is important to Nevada. I can’t quantify for you how important it is. Those numbers make it look very, very small. But people who come to play sports, are going to go to shows, play other games, play slot machines.”

Penn National Gaming, which operates several casinos in the state, issued this statement last week, “Sports betting could be another amenity at our Hollywood properties and help generate additional visitation, as well as drive incremental tax revenue for Ohio.”

The state regulatory agency for gaming, the Ohio Casino Control Commission, noted that there is currently no law in place that would inform the commission how to treat sports betting. Jessica Frank, spokesman for the commission, said, “It’s probably going to end up being a policy decision by the governor and legislature in terms of how that would end up being defined under Ohio gambling laws.”

Governor John Kasich, who will be termed out at the end of this year, and who has consistently opposed further gaming expansion on his watch, re-confirmed that stance: “Expanding gambling has not been a priority for this administration, and that remains unchanged,” he said. “We’re aware of the ruling and looking to see what impact it will immediately have on Ohio policies.”

However, the possibility exists that the decision may be taken away from state officials, as it was several years ago when an initiative on the ballot authorized the four casinos in the state’s largest cities.

Rick Lertzman, who has been involved with several unsuccessful gaming initiative efforts in the past, said he may lead a campaign to put a measure on the 2019 ballot that would allow sports betting in small bars and eateries.

He told the Plain Dealer, “I don’t think the legislature, based on its history, will act fast enough. It will go through so many hearings and otherwise, that it will be three years or more” He added, “Every state around us will do it. The most expedient way to do it, and the only way to do it, is through a referendum to change the constitution.”

PENNSYLVANIA

The first state to legalize sports betting was Pennsylvania, but the fees and the tax rate make it unlikely that any major players will be interested in participating. With a $10 million licensing fee and a 34 percent tax rate, there has been little interest in sports betting in Pennsylvania.

“We’ve spent millions of dollars in New Jersey preparing for sports betting, but we’ve barely noticed Pennsylvania,” William Hill US CEO Joe Asher told GGB News. “Why would we consider the state with ridiculously high fees and taxes when we have reasonable taxes right next door. And how could we compete against the black market when they don’t have to pay any of those fees or taxes—or rent office space, employ staff, build a compliance department? Just not going to happen.”

The tax rate in Pennsylvania nearly five times that in Nevada, and almost 3.5 times as high as West Virginia, which has a licensing fee of only $100,000. So it’s unlikely any Pennsylvania entity will apply to operate sports betting in the state.

RHODE ISLAND

Rhode Island Senate President Dominick Ruggerio anticipated last week’s Supreme Court ruling and had already introduced a bill that would allow sports betting at the state’s two existing casinos, including Twin River in Lincoln and the new casino that will be opening in Tiverton.

The bill is already being considered by a key Senate committee and has bipartisan support. Two of the committees held hearings this week and heard testimony. 

Ruggerio praised the high court ruling and said it would mean more revenue for the state. The Senate President has been a consistent supporter of legalized gaming.

Governor Gina Raimondo had also anticipated a favorable ruling and already included anticipated revenues of $23.5 million from sports betting in her proposed budget that she released in January.

The Providence Journal has reported that some officials believe the state has already legalized sports betting within its borders. That includes the director of the lottery, Gerald Aubin, who in an email exchange in November of last year with IGT senior Vice President Scott Gunn, conceded to Gunn’s point that the people of the state may have already legalized sports betting in 2012 when they approved Class III gaming. IGT sold $53 million in gaming equipment to the lottery last year.

The Journal made a Rhode Island Access to Public Records Act request for the emails and obtained a flood of them.

Gunn had written Aubin, “As we view the situation in RI, when voters approved ‘casino gaming’ in 2012 and 2016, they approved sports betting.”

He pointed to a North American Association of State and Provincial Lotteries report listing Rhode Island as a jurisdiction where sports betting had already been approved.

According to the Journal Aubin conceded the point but wrote, “that being said, to make the statement that the citizens of Rhode Island approved sports betting might come as a shock to many and may not be well-received.” He added, “Perhaps a better response would be that in 2012 and 2016, Rhode Island voters approved Class III gaming, which we believe would include sports betting if in fact states are cleared to offer it.”  The Lottery interprets that already passed authorization to ONLY include the two existing casinos.

Gunn provided the services of an expert on sports gaming Ludovico Calvi, an executive at the multinational Lottomatica to Aubin earlier this year. Gunn told Aubin, “He is an external advisor to the company and serves as Lottomatica’s representative on a sports betting association. … He’s also a great guy.” Gunn also provided state officials with frequent updates on sports betting legislation in other states.

The Journal disclosed that other major players in the Rhode Island gaming scene, Twin River and the law firm of Adler Pollock & Sheehan were also involved in the sotto voce discussions. Governor Raimondo frequently consults the law firm and consulted it before she included sports betting revenues in her budget.

Lottery officials have been collecting research on sports betting since November 2017. In that month Roger Guillemette, formerly of IGT and currently casino senior compliance supervisor for the Lottery, recommended that Aubin visit Ontario’s “very sophisticated” online portal, coincidentally operated by IGT.

The emails show Guillemette provided detailed information on the Nevada sports gaming network, i.e. “the bookies,”  and later directed him to what the United Kingdom offers.

 “If you have a moment and want to be dazzled,” he wrote. “This,″ he wrote is a great example of what the future could look like … tennis, horse racing, soccer (football), basketball, golf, volleyball?!! You name it.”

 The Senate Bill now under consideration, S 2045, references some of the points made in this conversation and includes the assertion that the voters already essentially approved sports betting. Aubin of the Lottery recently commissioned Spectrum Gaming to prepare the wording for a request for proposal (RFP) to launch sports betting. 

According to the Lottery: “That’s to be determined by the platform provider. So, in other words, we’re not limiting what they can propose to us. We’re actually encouraging innovation. This is a competitive situation with Massachusetts and Connecticut, so we really are encouraging them to think outside the box. Then it will be our job to create what the box is going to be.”

Spectrum Gaming previously prepared a report in September that traced the history of the sports gambling ban back almost a hundred years to the infamous White Sox scandal of 1919 in which eight players allegedly fixed the World Series—although they were acquitted of the charges.  The report argues that the technology and oversight exist to prevent this sort of situation from happening in the modern day.

DraftKings doesn’t agree with the lottery’s interpretation that only casinos can offer sports betting. Last week it sent its Director of Government Affairs Sarah Koch to the state capital to lobby for something in the bill that would benefit it. According to Legal Sports Report, Koch stated,  “Given yesterday’s Supreme Court decision, we’re extremely well positioned with our customer base to rapidly expand into sports betting and offer sports betting on our online platform, as well.”

When lawmakers asked for a legal justification that DraftKings could legally offer sports betting, Koch declared, “As long as it’s the casino offering the bets, and accepting the bets at that location, in most case law the precedent shows that what matters is where the bet is accepted, not necessarily where the bet is placed. So as long as the casino is accepting the bet from their location, they could accept them from anywhere within the state of Rhode Island.”

Meanwhile Major League Baseball, the National Basketball Association and the PGA Tour insist they are entitled to a piece of the action and have been lobbying lawmakers to press their case. They seek 1 percent of all bets placed on their spots, and seek to require sportsbook operators to use, at a premium, official data streams.

The leagues are also lobbying Congress for some sort of overall federal framework so that states have to do a certain amount of conforming.

They spoke before the Senate Finance Committee early last week. Chairman William Conley pronounced himself not persuaded by their arguments that because they create the source of the betting they then can control it.

SOUTH DAKOTA

South Dakota Governor Dennis Daugaard said he welcomed the Supreme Court’s decision “because it recognizes the right of states to regulate in this area.” He noted in order for sports betting to be legal, voters would need to change the state constitution. “A state constitutional amendment could be placed on the 2020 general election ballot through the petition process, or by the state legislature in 2019 or 2020,” Daugaard said.

Deadwood Gaming Association Executive Director Mike Rodman said casinos could lead a signature drive to propose a constitutional amendment on South Dakota’s 2020 ballot. “We believe that there’s thousands of South Dakota voters that enjoy sports betting, but they want to do it in a legal, safe, regulated environment. That’s why we’d like to give them that opportunity. I think that whenever we can take illegal gaming and make it legal and regulated, it’s good for the consumer.”

In 2014, South Dakota voters approved an amendment authorizing lawmakers to allow keno, craps and roulette in Deadwood.

Daugaard is ineligible to run for a third consecutive term. The three major candidates hoping to succeed him expressed varying opinions about sports betting. The Democratic candidate, state Senate Democratic leader Billie Sutton, said, “I think the first step in this process is getting input from the public and stakeholders. We need to take the time to hear from the general public, those impacted by gaming, and our state’s tribes. If South Dakotans decide sports gaming is right for our state, increased gaming revenues should be directed toward funding education and other high-need areas.”

The two Republican candidates will square off in the June 5 primary for their party’s nomination. U.S. Rep. Kristi Noem said, “Personally, I’m opposed to expanding gambling, but this issue will ultimately be decided by voters since it will require a constitutional amendment.” State Attorney General Marty Jackley said, “In the event South Dakotans amend the constitution I see the governor’s role to work with the legislature to put in place the proper legislative framework that would be required.”

TEXAS

Texas state Rep. Eddie Lucio III said he has drafted a bill to legalize sports betting in the state. “When Texans utilize gaming in other states, they are paying for Louisiana public schools and New Mexico roads. It’s time to keep this revenue here at home. I am looking forward to beginning a conversation with my fellow members of the House this legislative session,” Lucio said. The legislature will meet again in regular session beginning in January.

Still it may be months or years before Texas allows sports wagering. A spokesman for Governor Greg Abbott said, “Texas historically hasn’t been favorable toward gambling expansion. It’s not really a gambling state.”

Texas Attorney General Ken Paxton signed on to the amicus brief supporting lifting PASPA, but not because he wanted to legalize sports betting in Texas. “PASPA is unconstitutional and tramples on state sovereignty. By ending PASPA, states can rightfully decide whether they want regulated sports betting or not,” he wrote.

However, Dallas Mavericks owner Mark Cuban praised the Supreme Court’s ruling. “I think everyone who owns a Top 4 professional sports team just basically saw the value of their team double. It can finally become fun to go to a baseball game again,” Cuban said.

Texas allows parimutuel wagering on horse and dog races and bingo, and a few tribes operate casinos. But efforts to expand gambling beyond that have not gained traction, despite the growth of casinos across the Oklahoma and Louisiana borders that attract Texans.

WEST VIRGINIA

In early March, West Virginia became the state the second to legalize sports betting during the 2018 legislative term. The “West Virginia Lottery Sports Wagering Act” assigns regulation and licensing to the state lottery, and allows sports betting at the state’s five casinos and via online apps. The casinos can apply for licenses after they pay a $100,000 application fee, renewable at the same rate every five years. Gross revenue from sports betting will be taxed at 10 percent.

Governor Jim Justice allowed the bill to become law without his signature to avoid possible ethical issues as an owner of the Greenbrier casino resort. The bill does not include the pro leagues’ desired 1 percent integrity fee. But at a recent meeting of sports betting interests, legislators, college athletics officials and others, Justice stunned the group by announcing he would call legislators into special session to “look at the advantages of partnering with the major league sports.”

Justice said he had reached a deal for casinos to pay a fee to professional sports leagues to help them protect the integrity of their games. He stated, “I insisted from day one that no part of an integrity fee for sports betting would be paid by the state. I demanded that the entire fee be paid by the casinos.” But casino operators said the meeting with Justice ended without a deal and that casinos oppose the fee.

During a recent news conference, Justice reiterated his interest in adding an integrity fee to the sports betting legislation, stating, “They wanted a percent, we negotiated to a quarter of a percent, and if we can get them to sign on for that and everything and bring them under the umbrella, I think that’s very, very minimal cost to the casinos, and I think it would be a good thing.”

West Virginia Gaming and Racing Association President John Cavacini no deal regarding sports betting had been reached. “I don’t know how in the world we got to the point where the governor says there is a deal. There is no deal in place.”

He noted there may be a conceptual agreement for casino operators to enter into private contracts with the sports leagues to provide them with game data necessary for sports betting. Otherwise, casinos would have to buy the data from third-party providers, Cavacini said.

He continued, “It’s unbelievable. We’re getting to the point where the governor is working and fighting for money for the New York Wall Street billionaires, and turning his back on four casino companies in West Virginia that provide $350 million a year of state revenue and 4,000 jobs to West Virginians.”

State Delegate Shawn Fluharty, who sponsored the sports betting bill, added,  “It seems to me the governor is more concerned about his private gain at the Greenbrier than in the public gain of having a sports betting law that benefits the state as a whole. If the casinos are willing to pony up more money, why does it have to go to his billionaire friends, and not to the state of West Virginia?”

Asked to comment, Justice spokesman Butch Antolini stated, “As for the sports betting tentative agreement, the process is still in the very early stages and many details still need to be worked out. There is no other comment and no other information available at this time.”

Now colleges and universities are expressing their concerns, primarily that sports betting could lead to more athletic department violations. West Virginia University and Marshall University officials said an integrity fee could fund more safeguards. West Virginia University Vice President Rob Alsop said, “We’ve been looking at it from a compliance perspective. What we need to do is to make sure we’re educating and monitoring and working with our student athletes to put them in the best position going forward.”

New Jersey could take bets for NBA Finals

Legal sports betting in the U.S. is now a reality.

On May 14, the Supreme Court of the United States struck down the federal ban on sports betting, ruling that the 1992 Professional and Amateur Sports Protection Act (PASPA), which banned sports betting in all but four states, is unconstitutional.

In a 6-3 decision, the high court went beyond the basics of the case before it, which was the state of New Jersey’s appeal of lower-court rulings striking down its 2014 sports-betting law, which provided for self-regulated sports books in New Jersey casinos and racetracks, as a violation of PASPA. In a landmark decision, the court agreed with New Jersey’s attorneys, who argued that PASPA in itself is a violation of the anti-commandeering provision in the 10th Amendment to the U.S. Constitution.

“Today’s decision is a victory for the millions of Americans who seek to bet on sports in a safe and regulated manner,” wrote AGA President and CEO Geoff Freeman in a statement immediately following the ruling. “According to a Washington Post survey, a solid 55 percent of Americans believe it’s time to end the federal ban on sports betting. Today’s ruling makes it possible for states and sovereign tribal nations to give Americans what they want: an open, transparent and responsible market for sports betting.

“Through smart, efficient regulation, this new market will protect consumers, preserve the integrity of the games we love, empower law enforcement to fight illegal gambling, and generate new revenue for states, sporting bodies, broadcasters and many others. The AGA stands ready to work with all stakeholders—states, tribes, sports leagues, and law enforcement—to create a new regulatory environment that capitalizes on this opportunity to engage fans and boost local economies.”

The case—the state’s second to challenge PASPA—began in 2009 when  New Jersey state senator challenged PASPA. In 2012, after New Jersey voters overwhelming approved sports betting in the state the year before, former New Jersey Governor Chris Christie signed a bill into law that followed the opinion of the former U.S. attorney general that states could vote to repeal PASPA and institute sports-betting programs, as long as there was no state or federal regulation of the books. The Justice Department subsequently rescinded that opinion, but not before New Jersey lawmakers drafted a bill that followed the logic of the attorney general’s opinion.

The law was immediately challenged in a lawsuit by the National Collegiate Athletic Association and the four major professional sports leagues—the National Football League, Major League Baseball, the National Basketball Association and the National Hockey League. Lower court rulings in Christie v. NCAA agreed with the leagues that any state sports betting program would violate PASPA. Last summer, the U.S. Supreme Court made the surprise announcement that it would hear the appeal of the U.S. 3rd Circuit Court of Appeals decision in the case, and arguments were made December 4. The case became Murphy v. NCAA with this January’s inauguration of Phil Murphy as New Jersey governor.

Attorneys for the leagues argued that the constitutionality of PASPA was not at issue in the case, only the New Jersey statute’s violation of the 1992 law. The lawsuit was rejected seven times by lower courts and New Jersey kept appealing. In June 2017, the Supreme Court surprised everyone when it agreed to hear to case.

Ultimately, the court majority agreed with the state’s lawyers that PASPA itself was an unconstitutional overreach of federal authority over the states. The court struck down the entire 1992 law, exceeding the hopes of not only New Jersey stakeholders but industry sports betting proponents led by the AGA.

“We couldn’t be more thrilled with today’s ruling,” Freeman said on a conference call the day the decision came down. He lauded New Jersey’s persistence in pursuing the issue, and the efforts of the AGA in the ultimate demise of what he has called a failed law that simply fed illegal bookmakers and funded organized crime and money laundering.

Jonathan Cohn, the partner in the Sidley Austin law firm who wrote the AGA’s amicus brief, joined Freeman on the press call. Cohn lauded what he called a complete victory for New Jersey and for sports-betting proponents who have fought to repeal PASPA.

“My quick overview is: We won,” Cohn said. “It’s a complete victory for the state, and therefore a complete victory for the industry. We had six justices who struck down PASPA in its entirety.”

The portion of PASPA dictating that states must prohibit sports betting was at the core of the decision, which the justices agreed was in violation of the 10th Amendment’s anti-commandeering provision—which states essentially that the federal government cannot command the states to prohibit any activity. “That was a welcome victory, but not a surprise victory,” Cohn said. “But in addition to doing that, the Supreme Court also struck down the remainder of the provisions in the federal statute…

“No provision is separable, the Supreme Court said, and we won everything—there’s nothing left. As a result of this, states can do a partial repeal, they can do a complete repeal—they can do what they want, because PASPA is no longer good law. It’s a comprehensive victory.”

Cohn added that the Supreme Court decision actually cited AGA’s amicus brief, adding that it was one of two amicus briefs the organization submitted in the case. The first brief urged the high court to review the case—a rarity overall, as the Supreme Court only reviews 4 percent of all cases before it.

In the bigger picture, the case has implications for many other issues, including the federal government’s declaration that marijuana is still illegal despite several states legalizing medical and recreational use of the drug, as well as many and varied gun laws mandated by Washington.

Casino company stocks soared after the announcement of the decision. Scientific Games, Boyd Gaming, MGM Resorts, Caesars Entertainment and others climbed in price after the announcement. William Hill Plc., the British bookmaking giant that already runs the largest number of sports books in Nevada and has a contract in place to run the book at New Jersey’s Monmouth Park, saw its shares rise 11 percent. Shares of Canada’s Stars Group, which owns the PokerStars brand and is buying bookmaker Sky Betting and Gaming, popped 15 percent.

Analyst David Katz of Jeffries has projected that the market for legal sports betting in the U.S. could exceed $57 billion. The AGA has estimated that 97 percent of more than $150 billion bet on sports every year has been through illegal bookies, a market that is now open to legal operators.

Fast Start

New Jersey casinos and racetracks are expected to begin offering sports books immediately, while state lawmakers work on revising a bill to regulate sports betting that was introduced at the end of April. The first wagers are expected to be accepted in time for this year’s NBA Finals.

The regulation bill is not expected to be passed so quickly. Sponsors of the bill included a controversial provision to grant the sports leagues a piece of the action. Called an “integrity fee,” it is really an annual royalty payment based on the products of the leagues, granting each league an amount equal to the lesser of $7.5 million or 2.5 percent of revenue from sports wagers. And with the leagues fighting the New Jersey lawsuit for years, it’s unlikely politicians would agree.

While the fee would be far less than the 1 percent of all wagers (gross betting numbers versus net gaming revenue) being pushed by state-level lobbyists for the leagues, many New Jersey lawmakers are opposed to any fee to the leagues, which have fought for years to prevent any expansion of single-game sports betting beyond Nevada.

While lawmakers debate over whether to implement a fee to the leagues, New Jersey operators are free under the Supreme Court ruling to simply implement the law signed by Christie in 2014. Monmouth Park has been ready for months to implement sports betting, and the Meadowlands won’t be far behind. Several Atlantic City casinos are also likely to open sports books soon—MGM announced plans last fall to build a $7 million sports book at the Borgata should PASPA be repealed.

Gaming attorney Marc Dunbar, a partner in Jones Walker LLP who teaches gaming law at Florida State University College of Law, predicts sports books will be operating long before lawmakers decide on any fees. “I don’t think (Monmouth Park CEO) Dennis Drazin is waiting,” Dunbar says. “He’s ready to go. He and William Hill were staffed up and ready to go the moment this happened. That’s what I would do. There’s money to be made in the short term.

“I’m willing to bet (New Jersey lawmakers) are about to get into session and change the law, but I’d lay odds you’ll be able to wager on the Rockets and the Celtics, as well as the Final Four in the NHL, next week.”

That view may have been premature, as the potential bill would make ineligible anyone who jumped the gun—which, however, would be legal because New Jersey passed a previous year in support of the lawsuit, that said it would pass any laws permitting sports gambling, and that casinos and racetracks could conduct sports betting without state oversight. That was a crucial element of the PASPA wording that was challenged in the suit.

Dunbar says things also are going to move quickly in other states that have sports betting legislation in place. Four other states—Mississippi, Pennsylvania, West Virginia and New York—have passed sports-betting laws in the past year, and are expected to have wagering in place by the beginning of the NFL season in September.

Joining those states is Delaware, which passed a sports-betting law several years ago, but was subsequently restricted to parlay bets after another lawsuit by the leagues. The state’s parlay football betting program generated $46.1 million in wagers last year, and the three racinos already have the facilities in place.

Sports betting legislation has been introduced in 20 other states (see the Weekly Feature for details of each state) across the country. Freeman estimated that most of them will be up and running with sports betting within a year or two.

Among the states that have betting laws in place, Dunbar says Pennsylvania faces the biggest challenge in implementing sports betting—mainly because of a 36 percent revenue tax that most view as unworkable considering the small profit margins of sports books.

“That tax rate is a joke,” says Dunbar. “It was passed by people who really didn’t have any idea what the practicalities or economics of sports wagering are.” He said none of the other states with sports-betting laws in place “has been that aggressive.” New Jersey, for instance, will impose the same 8 percent tax on sports-betting revenue that it places on casino gaming revenue.

“Pennsylvania’s law is flawed,” Dunbar says. “It’s going to have to be rewritten to practically be implemented.”

The Pennsylvania Gaming Control Board announced last week that its staff must first write regulations for any sports-betting program, and those must be approved by the seven-member board, before implementation of any sports-betting program.

By contrast, Mississippi followed the Nevada regulatory model for sports betting. “I suspect they’ll be in play and ready to go for the college football season,” Dunbar says. “Mississippi is the one state I think is going to be poised to jump in, follow Vegas and benefit immediately.”

Fee or No Fee?

In the weeks leading to the Supreme Court decision, lobbyists from the NBA, Major League Baseball and others argued that they are entitled to some payment in exchange for the use of their “product” for sports wagering. After initially calling the fee necessary to ensure the integrity of their games, NBA officials now describe it simply as a “royalty” payment.

Initial lobbying efforts calling for 1 percent of wagers have been modified, with West Virginia considering a 0.25 percent tax on all wagers to go to the leagues whose games are the subject of bets.

Still, the fee is a hard sell for most. None of the four that have final laws in place has passed any type of integrity fee for the leagues as part of their sports betting bills.

“The integrity fee is a horrible idea,” says Dunbar. “It shouldn’t be put in legislation. It should be something that’s worked out contractually. And let’s call it what it is—it’s a profit center; it’s not an integrity fee.”

Freeman has pledged to work with the leagues as partners in sports betting operations.

“The leagues are a potent force,” he said on the AGA conference call. “We’ve seen that in West Virginia, we’ve seen it in Indiana and other markets. It will be important to work with the leagues. I think the leagues can be powerful partners when it comes to putting the illegal market out of business, when it comes to speed to market, when it comes to creating consistency across state lines…

“We’ve had good discussions to date; I expect those discussions will continue, to see if we can find common cause.”

The leagues certainly have much to gain from the legalization of sports betting, and some team owners are enthusiastic about the development.

“I think everyone who owns a top-four professional sports team just basically saw the value of their team double,” Mark Cuban, the billionaire owner of the NBA’s Dallas Mavericks, said in an interview on CNBC last week. “It can finally become fun to go to a baseball game again. It’s easy to see how you’ll have fun at the stadium, at the arena or while you’re watching, whether it’s online or a traditional platform.”

Dunbar agrees on the need to work with the leagues, but not through a fee imposed by legislation. He says fees should be negotiated between the leagues and operators, with input from representatives of the players. He offers the payment of horsemen and tracks under the 1978 Interstate Horse Racing Act (IHA) as a perfect working model.

“The IHA is a perfect model to follow here,” he says. “It balances everybody: the state regulators, the state hosts and guests—in this situation the leagues and their teams—as well as the players, and makes sure everybody’s fairly compensated in contractual negotiations, as opposed to a fee imposed by the government.”

He notes that IHA requires only that no one can wager on a horse-racing signal without the approval of the racetrack and the horsemen involved. “It doesn’t set the commercial terms; it just says you have to have their approval, and it’s worked out once a year at the simulcast conference,” Dunbar says. “For the revenue share to work out between the players and sports books on both ends, you’re going to need to have some federal umbrella over top—not a regulator, but something like the Interstate Horse Racing Act, which is the only interstate wagering act that exists in the U.S., and has worked very well since it passed in 1978.”

Within the industry, it’s well known that sports books have a narrow margin. In the legal Nevada industry, the casino “win”—money retained after all bets are paid, and not counting the costs of employees, rent and business expenses—is well less than 5 percent. That fact is often lost when discussing the huge illegal pool of sports betting wagers.

Renowned Las Vegas oddsmaker Jimmy Vaccaro appeared on the “PoscastOne Sports Now” podcast to give a warning to potential operators in the newly legal sports-betting market: Bookmaking margins are thin.

Vaccaro said bookmaking is a low-margin business in which the people taking the bets aren’t always guaranteed a profit.

Vaccaro, who operates the sports book at the South Point in Las Vegas, said in a typical year sports books win 4 percent to 5 percent of the total money wagered, but must pay state and federal taxes out of that win. Other expenses including employee salaries and betting systems also eat into that profit.

In Nevada, the only state currently with legal full sports betting, bettors wagered $4.87 billion last year and the sports books won a record $248.8 million, or 5.1 percent of the money bet.

Vaccaro said other states legalizing sports betting will hurt Las Vegas some but could also be good for the city because more people will regularly bet sports.

Congress’ Next Move

After the court decision, the National Football League quickly issued a statement calling on Congress to enact a common regulatory framework for U.S. sports betting, not trusting that negotiations between the states will be productive.

“The NFL’s longstanding and unwavering commitment to protecting the integrity of our game remains absolute,” the statement said. “Congress has long recognized the potential harms posed by sports betting to the integrity of sporting contests and the public confidence in these events.

“Given that history, we intend to call on Congress again, this time to enact a core regulatory framework for legalized sports betting. We also will work closely with our clubs to ensure that any state efforts that move forward in the meantime protect our fans and the integrity of our game.”

“Sports are played on a national and sometimes international stage, crossing state borders and involving residents of numerous municipalities,” said Rummy Pandit, a gambling analyst with New Jersey’s Stockton University, in an interview with the Associated Press. “From that standpoint, federal regulation of sports betting makes sense. But the federal government has not historically been involved in the day-to-day regulation and oversight of gaming.”

Dunbar agrees that some federal framework is necessary for sports betting to thrive in the U.S. “There’s going to be a lot of pressure on Congress, because if you do this state by state, it’s going to be a mess,” he says, “and it’s also probably going to create situations where arbitrage players are able to take advantage of poorly written state laws. In order for this to be truly successful, you need to have the ability for states to comingle into a national pool.”

Again, he says the model solution is horse racing’s IHA.

“The leagues control their signal, there’s no question about that,” he says. “As such, no one’s going to be able to display that (signal) and move it around without compensating the leagues. But the leagues are already distributing all over, as well as on the internet. So, access to the actual signal is not going to be the issue. It’s going to be the wagering dollar, and whether or not someone is legally authorized to wager on it in a state regime without the league’s permission.”

In the end, he says, sports betting stakeholders will have to work with the leagues—through negotiations, “but you shouldn’t have commercial terms in a statute; that’s the problem.”

Those negotiations, he adds, will have to include the state lotteries, which he calls the “wild card” in federal implementation of sports-betting rules.

“If lotteries are excluded, they’re not going to be able to pass anything, because lotteries have significant influence on Capitol Hill,” Dunbar says. “The lotteries are going to have to be brought into the mix.”

Freeman said on the media call that he doesn’t expect any congressional action on sports betting, either for a regulatory framework or to block or restrict state programs.

“We believe congressional action is unlikely,” he said. “We will be forced to play a bit of defense as some consider federal action, but it’s very unlikely Congress is going to engage in an area where states have proven to be effective regulators.

“Had states not proven to be effective regulators over the past 25 years—regulating lotteries, regulating table games, regulating machines—maybe there would be a need for the federal government. But I simply don’t see a need for the federal government at this point, and I don’t see the federal government playing a role in what could be considered the largest expansion of gaming in the nation’s history.”

The day after Freeman said AGA may have to “play defense,” U.S. Senator Orrin Hatch said he will pursue a bill to create a national regulatory framework for sports betting. Saying a state-by-state regulatory system would create a “patchwork race to the regulatory bottom,” Hatch—the Senate president pro tempore, who is retiring in January—noted that the Supreme Court ruling made it clear that Congress can regulate sports betting if it so chooses.

Hatch, who represents one of the two states that offer no legal gambling, did not reveal what the legislation will look like, but Hatch said in a statement that they would be designed to address issues that did not exist when PASPA was passed 25 years ago, in particular the “rapid rise of the internet.”

Hatch was one of the four authors of PASPA.

Giant Opportunities

Las Vegas-based gaming giants Caesars Entertainment and MGM Resorts International say they expect to be at the top of the heap nationwide as states move to legalize sports betting.

With the floodgates to regulation thrown open last week by the U.S. Supreme Court’s abolition of a decades-long federal ban, Caesars Chief Executive Officer Mark Frissora said his company is positioned to “set up very quickly.”

Las Vegas-based Caesars sold its online operation, known as Playtika, during the Chapter 11 restructuring of its largest casino subsidiary, but it still has the core capabilities in-house, Frissora said.

“We’ve been very focused on digital and mobile as platforms that we want to incorporate in our business model, and this plays right into that,” he told CNBC last week.

Echoing the current wisdom that a wave of legalization is about to break, he said, “It could hit every single state in the country, because everyone needs what I would call these tax revenue dollars that come from this.”

Right now, some 20 states either have a regulatory framework in place or are considering or planning to consider authorizing legislations.

MGM Resorts International CEO James Murren estimates the profit potential for his company in the “hundreds of millions of dollars.” He said MGM expects to be “a very significant player, if not the largest player in this market” thanks to its “decades of relationships” with the sports leagues.

Caesars operates in 13 states, including Nevada, under the Caesars, Harrah’s, Bally’s and Horseshoe brands. In addition to Nevada, MGM is in Maryland, Mississippi, Detroit and Atlantic City and is opening a major resort in western Massachusetts later this year. Both also have a sizable online footprint.

“In many cases, MGM may not have a casino in that state but certainly we’ll have a major presence,” Murren said. “That’s the big opportunity that we see.”

According to the American Gaming Association, at least $150 billion a year is gambled illegally on sports in the United States. Don’t expect most of that to end up in the legal markets, however. Morgan Stanley believes the take will likely represent less than 2 percent of the $120 billion a year currently generated nationwide by all forms of gaming. That conforms roughly to Bank of America’s forecast of a $5 billion-$10 billion industry in five years.

The major regional operators also will be angling for their share.

Boyd Gaming and Penn National Gaming “are likely the biggest beneficiaries in our coverage given their smaller market caps and exposure to numerous states,” Morgan Stanley analysts wrote in a client note last week.

“We expect operator margins to be low but see upside for all of regional gaming, while gaming tech could be a key beneficiary,” Bank of America’s Shaun Kelley said.

The Redcoats Are Coming

Gaming investors in the UK are looking across the Atlantic and seeing streets paved with gold.

Bookmakers listed on the London stock exchange—William Hill, 888, Paddy Power/Betfair (see iGaming for reports about the possible merger with FanDuel) among them—saw their combined share value soar more than £1.5 billion last week on the expectation that their experience and operational expertise will buy them lucrative seats at the table as sports betting markets begin opening in U.S. states eager to cash in on New Jersey’s Supreme Court victory last week over a decades-old federal ban.

888 Chief Executive Itai Frieberger said his company, which operates poker networks in three states, is “uniquely positioned to exploit the potential growth opportunities”.

For operators like William Hill and Ladbrokes, which still maintain sizeable bricks-and-mortar operations in the UK, the news was especially welcome in the aftermath of a government decision to slash the maximum bet on electronic table games to £2 in what amounts to an all-out assault on the largest source of revenue for betting shops across the country.

“Now, all attention shifts to the states, where steps have already been taken to prepare for this day,” said William Hill CEO Philip Bowcock. “We expect to be operational in New Jersey as soon as responsibly possible. We are also actively working on opportunities in a number of other states.”

UK analysts, meanwhile, are closely monitoring the various legislative processes to get a feel for the real scale of the opportunity. It’s expected that some states will restrict sports betting to land-based casinos or racetracks rather than permitting it online, while others have proposed tax rates experts say are unworkable.

Investment broker Goodbody said, “It could take a number of years before we see wide-scale U.S. sports betting, and significant investment may be required to develop a meaningful business in the U.S.”

The iGaming Question

The big remaining question mark on sports betting is whether and to what extent wagers will be accepted online and via mobile phones. Industry observers have long predicted that legalization of sports betting would be followed by a rapid succession of states approving online gaming programs.

Freeman said the AGA’s position is to promote the Nevada model, which augments casino sports books with mobile betting inside the state. “The Nevada model has proven to be effective,” he said on the media call. “We would like to see intrastate mobile betting considered in all of the states that take a hard look at sports betting.”

So far, he said, most of them have. “Nearly every state that introduced legislation this year included intrastate mobile betting. Only a couple didn’t go down that road—most notably Mississippi. When I was in Mississippi for the Southern Gaming Summit (in early May), I did make the comment that Mississippi will regret that decision. By avoiding intrastate mobile, they’ve handed a major victory to the illegal market.

“The illegal market obviously relies on mobile activity. If we’re going to compete with that market, we also need to be able to provide the customer with the product they’re looking for. I would hope Mississippi and any other state would revisit that decision. We certainly believe that mobile is a critical component to sports betting.

Tournament Time

And the NCAA last week “temporarily” lifted a ban on holding tournaments in Nevada, which had be imposed years ago because the state permitted betting on collegiate games. The ban could go away permanently with a vote of the organization’s board of governors.

The removal was a result of the Supreme Court decision and good news for Las Vegas, which now could host a Final Four in the new stadium currently under construction that will be used by the Las Vegas Raiders of the NFL and the UNLV football team, or even preliminary rounds of the March Madness basketball tournament. The ruling also signals that the NCAA will not impose a similar punishment on states that also legalize sports betting.

”Our highest priorities in any conversation about sports wagering are maintaining the integrity of competition and student-athlete well-being,” NCAA President Mark Emmert said in a statement, while urging federal regulations be imposed on sports betting.

The NCAA has also refused to hold tournaments in New Jersey because of its challenge to PASPA, but should be back in consideration.

“We’re going to be back in the rotation, there’s no question about it,” said former governor and current state senator, Richard Codey told the Asbury Park Press. “Hopefully it can start with the first weekend (coming to Newark) and eventually it’ll get the regional. The last time we had it, the crowds were great, the games were great and everybody loved it.”

Hard Rock Atlantic City has received licensing by the New Jersey Casino Commission to re-open the former Trump Taj Mahal casino, keeping it on track for and announced June 28 opening.

The neighboring Ocean Resort—formerly the failed Revel casino—has also targeted June 28 as an opening date. Combined, the two projects will restore as many as 6,500 of the 11,000 jobs Atlantic City lost when five of its 12 casinos went out of business since 2014, according to an analysis by the Associated Press. Those closings included the Revel and Taj Mahal.

“What we have in store is going to blow people away,” said Jon Lucas, chief operating officer of Hard Rock International. “It’ll be a boost for the reinvention of Atlantic City.”

About 23 executive members of the casino were also approved for key casino employee licenses before the commission. Several of the casino’s top-level executives, including Hard Rock International Chairman Jim Allen, property President Matt Harkness and principle investors Joseph Jingoli and Jack Morris were present for license hearings, according to local reports.

The licensing was helped by Hard Rock’s previous interest in building a casino in the resort in 2015, which led to the issuing of a statement of compliance—a preliminary step in the licensing procedure. The Hard Rock never went forward with its earlier plan to build a $465 casino project in the city.

Hard Rock, however, has completely transformed Donald Trump’s former Indian-themed casino which opened in 1990 in a reported $500 million refurbishment.

“We could have just re-carpeted and put up some memorabilia. But we want to grow Atlantic City rather than just moving people from an existing facility,” James Allen, CEO of Hard Rock International told the commission.

The property recently saw the installation of Hard Rock signs around the facility and officials also announced the hiring of its 3,000^th employee. Atlantic City native Leonard Coleman, 54, was the announced as the 3,000th employee, and will begin as a Craps Dealer, according to local reports. Hard Rock officials said they still have about 500 open positions to fill at the casino.

The Hard Rock is putting a strong emphasis on live entertainment unveiling a $30 million entertainment budget for the property’s first year that includes more than 300 nights of live music, comedy and drama. Some announced headliners to open the schedule include Carrie Underwood (June 29) and Pitbull (June 30).

The Hard Rock also opens with no debt having been self-financed by Hard Rock International and its local investment partners, Allen said. The casino also plans to enter the New Jersey online gambling market and offer sports betting if the U.S. Supreme Court upholds New Jersey’s challenge of a federal sports betting ban.

Meanwhile, Ocean Resort officials have confirmed that the casino at the former Revel property will also open June 28.

In a statement to the local Press of Atlantic City, Ocean Resort CEO Frank Leone said June 28 will be a “culmination of all of our planning and know that this will be a special day for Atlantic City as it turns the page on a new chapter of revitalization.”

Ocean Resort, however, still has to receive casino licensing in the state.

The 6.4 million-square-foot Ocean Resort has been undergoing renovations since the property was purchased for $200 million in January from Glenn Straub’s Polo North Country Club Inc. Casino officials say the refurbishment has created 300 construction jobs and related positions at more than 90 local companies. When it opens, the casino expects to create 3,200 full-time jobs.

The property will include a 138,000-square-foot casino, 160,000 square feet of indoor meeting and convention space, 90,000 square feet of flexible outdoor special-event space and six swimming pools, including a saltwater pool and an ocean-facing sun deck with luxury cabanas, according to the Press.

“Our team has been working diligently since we acquired the property in January and have put a great deal of time and effort into creating a truly unique and memorable destination guest experience,” said Bruce Deifik, chairman of AC Ocean Walk, which owns the casino-hotel in a press release.

In another good sign for the area, a stretch of Atlantic City’s Boardwalk that connects the north Boardwalk with the city’s inlet section has recently been refurbished. The section opened after months of construction that’s been part of a $50 million project expected to extend the walking path to the inlet park at Gardner’s Basin.

Meanwhile, the Borgata Atlantic City—the resort’s market leader—has announced some counter-programming for its marina-based casino as it prepares to celebrate its 15^th anniversary.

The casino announced it has booked Dave Chappelle, Cher and Barry Manilow to be part of its celebration this summer.

“As Borgata celebrates 15 years as both leaders and innovators in the Atlantic City market, we are excited to present an entire summer of programming that truly encapsulates what makes Borgata the pre-eminent travel destination on the East Coast,” said Marcus Glover, president and chief operating officer for Borgata in a press release. “Since entering the market in 2003, Borgata has made it our mission to grow and invest in not only our property and product, but our team members and guests; offering an unrivaled experience to anyone who walks through our doors.”

The headliners announced join a summer entertainment schedule that already includes three sold-out shows for Britney Spears, June 19-21; Jerry Seinfeld, July 27-28; and Earth, Wind & Fire on Sept. 2. Other acts announced last week include two shows by Ringo Starr and his All Starr Band on June 1-2, Camila Cabello on July 30 and 10 shows from comedian Sebastian Maniscalco.

Also announced was a full calendar of Savor Borgata Culinary Series events featuring an outdoor food festival, sunset barbecue and exclusive celebrity-chef hosted dinners and tasting events, including a Birthday Bash dinner hosted by “The Chew” co-host and Borgata restaurant Angeline chef and partner Michael Symon, and a Sunset Party with Wolfgang Puck on August 11, the release said.