If the defendants succeed on the merits, they can seek fines against Kalshi. But they will have lost months, if not years, of maintaining the integrity of sports betting and treating and preventing problem gambling and gambling disorders, including among those under 21 years of age, as the Act requires. (Doc. No. 35, Thomas Decl. ¶¶ 5, 8–9, 14, 18 (citations omitted).) Some portion of Kalshi’s Tennessee members, the court presumes, are “minors” under Tennessee gambling law. Tenn. Code Ann. § 4-49-102(19). And it is likely that some portion of Kalshi’s Tennessee members now have, or will develop during the pendency of this case, gambling disorders. If the defendants succeed on the merits, then the cost to the state for being improperly enjoined is the missed opportunity to help problem gamblers, would-be problem gamblers, and minors, some of whose behavior will lead to heartbreak for themselves and their families, with consequent deleterious effects on the state. The court will order Kalshi to post an additional bond of $500,000. Either party may file a properly supported motion to increase or decrease the bond amount. V. CONCLUSION For the forgoing reasons, the court will grant the plaintiff’s Motion for Preliminary Injunction (Doc. No. 6) as to the state official defendants and deny it as to the state agency. An appropriate Order is filed herewith.
ALETA A. TRAUGER United States District Judge
25
Case 3:26-cv-00034 Document 48 Filed 02/19/26 Page 25 of 25 PageID #: 893
Made with FlippingBook - Online catalogs