Professional and Amateur Sports Protection Act of 1992
Encyclopedia
The Professional and Amateur Sports Protection Act of 1992 , also known as the "Bradley Act," attempts to define the legal status of sports betting throughout the United States. This act effectively outlawed sports betting nationwide, excluding a few states.
The sports lotteries conducted in Oregon
, Delaware
, and Montana
were exempt, as well as the licensed sports pools in Nevada
. In addition, Congress provided a one-year window of opportunity from the effective date of PASPA (January 1, 1993) for states which operated licensed casino gaming for the previous ten-year period to pass laws permitting sports wagering. The latter exception was clearly crafted with New Jersey in mind. However, New Jersey failed to take advantage of this opportunity and carve out an exception for itself. Also excluded from the reach of PASPA are jai alai
and parimutuel
horse
and dog racing
.
has attempted to build momentum towards the eventual legalization of sports betting in New Jersey through federal litigation, state legislation, and the voter referendum process. In March 2009, New Jersey State Senator Raymond Lesniack filed a lawsuit in the United States District Court for the District of New Jersey
claiming, amongst other things, that the PASPA unconstitutionally discriminates among the states by allowing four states to offer sports betting while disallowing the other forty-six states from enjoying the privilege. The case is pending before Magistrate Judge Torianne Bongiovanni. Additionally, Lesniak successfully steered a proposed amendment to the New Jersey State Constitution through the Senate State Government, Wagering, Tourism and Historic Preservation Committee, which would constitutionally permit sports betting in New Jersey. If the full Senate approves the change, New Jersey voters would be able to vote on a referendum whether to accept the constitutional amendment, though the amendment is predicated on a repeal of PASPA. Additionally, both houses of the New Jersey Legislature have introduced resolutions calling on the United States Congress to repeal PASPA.
In January 2010, Rhode Island
State Senators Tassoni, McBurney, and Doyle introduced a Joint Resolution calling on Congress to finally repeal PASPA. In February 2010 in almost identical language, Missouri
State Representatives Jason Grill and Mike Colona also introduced a Joint Resolution calling on Congress to repeal PASPA. Though the resolutions have not yet passed their respective chambers, both are symbolic of the growing dissatisfaction with PASPA at the state level.
In February 2010, a subcommittee in the Iowa
State Senate approved a bill legalizing sports betting, which now faces a vote in the full Senate. Even though the PASPA prohibition bars them from legalizing the activity, some state senators are trying to drum up support for a federal repeal of the law.
In August 2010, California
State Senator Roderick Wright, who chairs the gambling committee, publicly announced that he supports the New Jersey
lawsuit. He is trying to convince the California legislature to sign on to the suit, as the state is facing tremendous fiscal problems and is contemplating legalizing sports gambling to raise badly needed revenue.
The sports lotteries conducted in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, Delaware
Delaware
Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, and to the north by Pennsylvania...
, and Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
were exempt, as well as the licensed sports pools in Nevada
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
. In addition, Congress provided a one-year window of opportunity from the effective date of PASPA (January 1, 1993) for states which operated licensed casino gaming for the previous ten-year period to pass laws permitting sports wagering. The latter exception was clearly crafted with New Jersey in mind. However, New Jersey failed to take advantage of this opportunity and carve out an exception for itself. Also excluded from the reach of PASPA are jai alai
Jai alai
Jai alai is a sport involving a ball bounced off a walled space. It is a variety of Basque Pelota. The term, coined by Serafin Baroja in 1875, is also often loosely applied to the fronton where the sport is played...
and parimutuel
Parimutuel betting
Parimutuel betting is a betting system in which all bets of a particular type are placed together in a pool; taxes and the "house-take" or "vig" is removed, and payoff odds are calculated by sharing the pool among all winning bets...
horse
Horse racing
Horse racing is an equestrian sport that has a long history. Archaeological records indicate that horse racing occurred in ancient Babylon, Syria, and Egypt. Both chariot and mounted horse racing were events in the ancient Greek Olympics by 648 BC...
and dog racing
Greyhound racing
Greyhound racing is the sport of racing greyhounds. The dogs chase a lure on a track until they arrive at the finish line. The one that arrives first is the winner....
.
Legal Challenges
As part of a widespread trend to legalize, regulate, and tax sports to increase tax revenues, many states are trying to persuade the federal government to repeal PASPA. Proponents of repeal typically assert that the law as written is inherently unconstitutional, as the US constitution reserves to the states all rights not explicitly granted to the Federal government—such as gambling regulation.Recent Developments
New JerseyNew Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
has attempted to build momentum towards the eventual legalization of sports betting in New Jersey through federal litigation, state legislation, and the voter referendum process. In March 2009, New Jersey State Senator Raymond Lesniack filed a lawsuit in the United States District Court for the District of New Jersey
United States District Court for the District of New Jersey
The United States District Court for the District of New Jersey is the federal district court whose jurisdiction is the state of New Jersey....
claiming, amongst other things, that the PASPA unconstitutionally discriminates among the states by allowing four states to offer sports betting while disallowing the other forty-six states from enjoying the privilege. The case is pending before Magistrate Judge Torianne Bongiovanni. Additionally, Lesniak successfully steered a proposed amendment to the New Jersey State Constitution through the Senate State Government, Wagering, Tourism and Historic Preservation Committee, which would constitutionally permit sports betting in New Jersey. If the full Senate approves the change, New Jersey voters would be able to vote on a referendum whether to accept the constitutional amendment, though the amendment is predicated on a repeal of PASPA. Additionally, both houses of the New Jersey Legislature have introduced resolutions calling on the United States Congress to repeal PASPA.
In January 2010, Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
State Senators Tassoni, McBurney, and Doyle introduced a Joint Resolution calling on Congress to finally repeal PASPA. In February 2010 in almost identical language, Missouri
Missouri
Missouri is a US state located in the Midwestern United States, bordered by Iowa, Illinois, Kentucky, Tennessee, Arkansas, Oklahoma, Kansas and Nebraska. With a 2010 population of 5,988,927, Missouri is the 18th most populous state in the nation and the fifth most populous in the Midwest. It...
State Representatives Jason Grill and Mike Colona also introduced a Joint Resolution calling on Congress to repeal PASPA. Though the resolutions have not yet passed their respective chambers, both are symbolic of the growing dissatisfaction with PASPA at the state level.
In February 2010, a subcommittee in the Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
State Senate approved a bill legalizing sports betting, which now faces a vote in the full Senate. Even though the PASPA prohibition bars them from legalizing the activity, some state senators are trying to drum up support for a federal repeal of the law.
In August 2010, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
State Senator Roderick Wright, who chairs the gambling committee, publicly announced that he supports the New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
lawsuit. He is trying to convince the California legislature to sign on to the suit, as the state is facing tremendous fiscal problems and is contemplating legalizing sports gambling to raise badly needed revenue.