Will Biden Upend Sports Gambling? Don’t Bet On It, Attys Say

November 10, 2020 – Media Mention

Irwin Kishner, co-chair of Herrick's Sports Law Group, was quoted in Law360 discussing how voters in Maryland, South Dakota and Louisiana approved ballot measures to legalize sports betting, joining 22 other states and the District of Columbia. The article reports that this "state-by-state approach to legalization has created challenges for betting operators, limiting a potential national market." Legalization of sports betting in individual states has resulted in support for a federalized approach or potential model legislation for states, which could be possible under a new presidential administration. 

"I certainly think that you are going to continue to see the proliferation of legalization as time goes forward," said Kishner. "Obviously some of the states were ready and just waiting for the curtain to be drawn."

The article notes that without federal action, "states would be left to continue to navigate what Kishner described as "polycentric issues." Chief among them: whether to allow online and mobile betting, where bettors throughout a state can place bets using a computer or a mobile app without having to set foot inside a casino or go to a betting site."

The article remarks that the patchwork of state regulations is creating obstacles for operators resulting in slow growth of the industry. As Kishner stated, "I was only surprised you did not see more state referendums" in the last election.