Delaware readies response to sports betting appeal

By RANDALL CHASE
Associated Press Writer

DOVER — Delaware officials are fighting a request by professional sports leagues and the NCAA for a quick ruling by a federal appeals court on the state’s plan to offer sports betting.

A federal district judge has already denied a request from the leagues and the National Collegiate Athletic Association for a preliminary injunction that would have barred the state from offering sports betting with the start of football season in early September.

The leagues asked the 3rd U.S. Circuit Court of Appeals in Philadelphia this week for speedy handling of their appeal of that decision. They contend sports betting would violate both federal law and the Delaware state constitution, and they are proposing that the courts maintain the status quo until the issue is resolved.

“Delaware has not yet begun taking bets on sporting events, and plaintiffs here are merely asking the court to evaluate the legality of Delaware’s sports betting scheme before any sports betting commences,” the leagues said in their appellate brief.

If the court can’t speed up the appeals process, it should issue an injunction to prevent the start of sports betting, the leagues argue.

The appeals court directed the state to respond by midnight Wednesday.

Michael Barlow, legal counsel to Gov. Jack Markell, said the state is opposed to speeding up the case.

“We think it’s important that these issues get heard on a full record, and we don’t think handling it in just a couple of weeks is an appropriate amount of time to develop that record.”

Barlow noted that the sports organizations filed their lawsuit in late July, almost 10 weeks after the General Assembly approved sports betting, but now want the courts to act quickly on their attempt to stop betting.

The 1992 federal ban on sports betting exempted four states, including Delaware, that already offered sports gambling, but the sports leagues contend that Delaware’s new plan, referred to as a lottery, goes beyond what is allowed by the exemption. Unlike Delaware’s failed 1976 sports lottery, which offered only parlay, or multiple, bets on the results of three or more NFL games, the new plan would allow betting on single games, and on sports other than professional football.

While the leagues do not argue that Delaware can offer parlay bets on professional football, they contend that any other betting would be illegal.

The state argues the law does allow wagering on sports other than professional football, and that it’s important that the football betting include a full range of offerings, including single-game bets.

“It would be like opening a restaurant and offering only appetizers, and disappointing your customers and hoping they come back later,” Barlow said. “We believe it’s important that we offer what we believe Delaware and federal law allows us to offer.”

The state Supreme Court ruled in May that the sports betting plan does not conflict with the state constitution as long as chance is the predominant factor in winning or losing. The justices refused, however, to decide the constitutionality of single-game bets.

In denying the league’s request for a preliminary injunction, Chief District Judge Gregory Sleet set a Dec. 7 trial date, during the height of football season.