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Fanduel sent me an e-mail the other night. They want me to “tell Ohio lawmakers that Ohioans support fantasy sports.”  They even had a link for me to click on, “a simple tool to contact my legislators.”  Fanduel does not want to see fantasy sports gaming outlawed.

Last year, Ohio Attorney General Mike DeWine issued an opinion that state law is unclear about the legal status of fantasy sports. Only 14 states- Arkansas, Colorado, Indiana, Kansas, Maryland, Massachusetts, Mississippi, Missouri, New York, Rhode Island, Tennessee, West Virginia, Vermont, and Virginia- specifically allow fantasy sports gaming.  Five states- Arizona, Iowa, Louisiana, Montana, and Washington- ban fantasy sports gaming.  The other 31 states are contesting the legality of fantasy sports gaming, have some legislation, or are doing nothing.  State Representatives Jonathan Dever (R- 28^th Dist.) and Robert McColley (R-81^st Dist.) introduced Substitute House Bill 132 earlier this year, where it was assigned to the Government Accountability and Oversight Committee.  The house passed the bill on May 24, 2017, so it is now up to the Senate to determine if it will become a law.

Representative Mike Duffey of Worthington voted against the bill. He said the bill expands gambling in which schools and government do not receive a portion of the profits.  Casinos, racinos, and the Ohio Lottery provide monies schools and governments.

Sub H.B. 132 calls for the Ohio Casino Control Commission to investigate, license, penalize, and regulate anyone conducting or participating in a fantasy contest. A “fantasy contest” is defined as a simulated contest or game with an entry fee, where all prize values are known in advance, with the winning outcome determined by specific conditions related to accumulated statistical results based on the player’s skill in anticipating the performance of a roster of selected athletes.  The fantasy contests cannot be based upon youth or college sports contests.  Winning outcomes based on randomized or historical events are not considered a fantasy contest.

Fantasy sports companies would have to be licensed by the state, at a cost of $10,000 per year.  The operator of the company must establish by clear and convincing evidence that he or she is suitable for a license.  Also in the proposed law, minors will not be allowed to participate in these contests and players can self-exclude themselves from these contests.

If you have any questions about fantasy sports gaming in Ohio, or any other gaming in Ohio, you should consider contacting an attorney at Graff & McGovern. John Izzo of Graff & McGovern can be reached at 614-228-5800, extension 5, or johnizzo@grafflaw.com.