Delaware is another state to ban daily fantasy sports. Matthew Dean, Delaware Attorney General has sent cease-and-desist letters to all daily fantasy sports (DFS) operators currently active in the US state, ordering them to end their services offering paid-for competitions to customers from Delaware state.
As we can read on the official site of the Department of Justice, commenting on the event: “The Delaware Constitution clearly articulates the general prohibition of gambling in the State. Specifically, Article II, section 17 prohibits “[a]ll forms of gambling” except “(a) Lotteries under State control for the purpose of raising funds.” Online fantasy sports games that are offered in Delaware are not presently “under State control.” Relying on the Delaware Constitution, as well as State and Federal case law, DOJ attorneys determined that online fantasy contests that involve payment for playing and monetary rewards constitute gambling because chance, as opposed to skill, is the dominant factor in the outcome of these contests”.
As the Associated Press news agency informed, Delaware Department of justice has formally notified DraftKings, FanDuel and Yahoo that their real-money contests are not permitted under the state’s law at the moment. Each and every operator has been also requested to include Delaware on its list of jurisdictions from which players are not legally permitted to participate in paid-for competitions.
The move is a result of the notification from the Department of Justice. In March Delaware gaming regulatory body was informed that real-money DFS was not permitted under the state law. Due to pending legislation, it was initially opted against taking legal action. However, the legislature adjourned last week with no consideration of a law allowing such contests in the state. As a result, the Department of justice was able to send out the formal notices to DraftKings, FanDuel and Yahoo.
Along with Nevada and New Jersey, Delaware is one of the three American states that currently offers legal online gambling services in the US.
