IMGL Magazine September 2024

COLLEGE SPORTS BETTING

establish a lifetime ban on any individual who threatens violence against anyone involved in a sporting event. The Ohio legislature enacted § 3772.031, which provides “[t]he general assembly specifically finds that the exclusion from sports gaming of persons who threaten violence or harm against persons who are involved in sporting events, where the threat is related to sports gaming, is necessary to effectuate the intent of Chapter 3775. of the Revised Code and to protect the interests of this state.” The statute goes on to delegate authority to the Commission the ability to manage a list of those patrons who should be involuntarily removed from participation in sports betting or casino gambling. As noted earlier, states like New Jersey 34 have endeavored to protect athletes inside their borders with more narrow bans on prop betting by restricting prop bets to out-of-state teams, insulating domestic players from harassment. 35 Connecticut, which bans prop betting on in-state teams, has introduced legislation which could reverse its in-state ban given the success of the University of Connecticut’s women and men’s basketball teams. 36 The new language would expand “what is considered a ‘sporting event’ by eliminating exclusions under current law that generally limit legal wagers on Connecticut colleges to only when they are involved in a tournament of four or more teams.” 37 But, this

proposed legislation still bans prop betting on college athletes regardless of tournament status. For the several states which have yet to legalize any form of gambling the debate will continue to play out this year and likely beyond. With the backing of the NCAA, states seeking to legalize gambling will need to analyze the respective needs of their states. Conclusion “Americans have never been of one mind about gambling, and attitudes have swung back and forth.” Murphy, 584 U.S. at 458. Perhaps the NCAA got it wrong and there is no one size fits all for prop betting. While most states can agree that athlete harassment, especially of student athletes, is of paramount concern, banning prop betting is not necessarily the only way to rectify the harassment issue. 38 Arizona, as the 48th state, had the benefit of observing the effectiveness of other state constitutions. For the states that have not yet joined the fray, it may be beneficial to take a step back and observe. The 2024-2025 season will be an experiment to see whether those states who have deemed themselves most affected by player harassment or a lack of integrity to see whether prop betting, or something more, is needed to cure the ills. 39

MEGAN CARRASCO Associate, Snell & Wilmer For information contact: mcarrasco@swlaw.com 001 602.382.6092

HEIDI MCNEIL STAUDENMAIER Partner, Snell & Wilmer

34 https://njleg.gov/bill-search/2024/S3080 35 Other states like Illinois, Iowa, Maine, New Hampshire, and Rhode Island have instituted similar state-specific bans. https://www.oddsshopper.com/articles/betting-101/college-sports-betting-laws-by-state-where-can-i-bet-col- lege-player-props-y10

36 https://sbcamericas.com/2024/04/18/connecticut-bill-college-sports-betting/ 37 https://www.cga.ct.gov/2024/FC/PDF/2024HB-05284-R000271-FC.PDF

38 https://sportshandle.com/ncaa-pleased-player-prop-bet-bans/ (noting that even by removing prop bets on college athletes “[t]t’s also possible – and perhaps likely – athletes will receive harassment for how their performance impacts a team-wide bet, such as the spread, moneyline, or total”). 39 College prop bet legislation is constantly changing. Be sure to research the most recent legislation in your state. Comprehensive summaries of the landscape may be found here: https://www.actionnetwork.com/ncaab/college-bas- ketball-player-prop-rules-by-state; https://www.forbes.com/betting/basketball/college-basketball/where-can-you- bet-ncaa-tournament-props/; https://www.oddsshopper.com/articles/betting-101/college-sports-betting-laws-by- state-where-can-i-bet-college-player-props-y10

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IMGL MAGAZINE | SEPTEMBER 2024

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