IMGL Magazine September 2024

COLLEGE SPORTS BETTING

about player harassment, specifically related to prop bets on individual performance. The NCAA recently also reported that female athletes are subjected to approximately three times the harassment their male counterparts experience. 15 As to sporting integrity, Baker is concerned that players, who have achieved celebrity status on campus, could be subjected to liability when talking about everyday occurrences, such as who is sore from practice and how the players feel they will perform against upcoming rivals. Despite Baker’s plea, sports betting regulation remains a state- by-state endeavor. As such, Baker’s appeal is only effective if it persuades legislatures to act to ban prop betting on college sports.

“wagers on the overall outcome of a collegiate sports event or seasonal awards based on a player’s cumulative overall play.” 17 This framework takes the decision-making authority away from the regulatory body (i.e., the Arizona Department of Gaming). Other states, like, Ohio, enacted a constitutional amendment that creates the regulatory body charged with gambling integrity. 18 The legislature then further defined the regulatory body’s authority. 19 In Ohio, prior to the 2024 March Madness tournament, Ohio’s Casino Control Commission banned prop betting on college athletes. Its concern focused primarily on the first pillar of the campaign—athlete safety. Ohio’s governor explained that the decision was not made in haste and was in part prompted by an incident at the University of Dayton where athletes faced a social media backlash based on their individual performances. 20 Maryland Lottery and Gaming similarly banned prop betting effective March 1, 2024, with the purpose of “protecting college athletes from potential harassment related to their statistical performance.” 21 Vermont’s Department of Liquor and Lottery followed suit shortly after and removed prop betting from its catalog of approved wagering events. 22 Other states like Colorado, Massachusetts, New York, Pennsylvania, Tennessee, Virginia, West Virginia, and Oregon have also banned prop betting on college athletes. 23 In short, states banning prop betting on college athletes believe they are prioritizing athlete well-being by removing the temptation of harassment because it would be inconsequential. Since the NCAA’s support for banning prop bets, the discussion has transitioned to include the second pillar of prop betting

The Ayes

On the heels of Baker’s announcement, Louisiana’s Gaming Control Board, coincidentally announced that it would be banning prop betting on college sports beginning August 1, 2024. 16 Louisiana was not the first state to ban prop betting on college sports, nor will it be the last. The decision-makers as to whether or not to ban prop betting vary by state. First, a state’s legislature must authorize sports betting. Generally, the authorization comes with the creation of a regulatory body that promulgates regulations pursuant to the legislature’s authorization. The scope of that authorization again varies. For example, some states, like Arizona, banned prop betting on college athletes from the inception of the state’s legalization of gambling. A.R.S. § 5-1315(a)(2) specifically bans prop betting on individual athletes, but expressly permits

15 https://sportshandle.com/ncaa-pleased-player-prop-bet-bans/ 16 https://www.documentcloud.org/documents/24530082-20240401-suspensionpropbetsdocx 17 https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/5/01315.htm 18 https://codes.ohio.gov/ohio-constitution/section-15.6 event or to prohibit or restrict sports gaming proprietors from accepting a particular type of wager.”). 20 https://highlandcountypress.com/news/college-prop-bets-no-longer-legal-ohio#gsc.tab=0 21 https://sportshandle.com/maryland-bans-college-player-prop-bets/ 22 https://www.gamingtoday.com/news/vermont-joins-movement-in-banning-college-player-prop-betting/ 23 https://www.nytimes.com/athletic/5389050/2024/04/03/louisiana-college-prop-bet-ban/; 19 See, e.g., https://codes.ohio.gov/ohio-revised-code/section-3775.02 (“(C)(1) The commission may, independently or at the request of any per- son, including a sports governing body, adopt rules to prohibit or restrict sports gaming proprietors from accepting wagers on a particular sporting

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IMGL MAGAZINE | SEPTEMBER 2024

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