The popularity of commercial sports betting is unarguable, according to a recent divided decision of the U.S. Court of Appeals for the Third Circuit. Against that backdrop, the court affirmed a lower court ruling that federal law prevents New Jersey from licensing and regulating sports gambling, notwithstanding an amendment to the state constitution authorizing wagering on the results of professional, college or amateur sporting events.
Current federal law allows commercial sports betting in only a handful of states, most prominently Nevada, which had sports betting regulations in place prior to enactment of the federal Professional Amateur Sports Protection Act (PASPA). That 1992 statute would have permitted sports betting in Atlantic City if New Jersey had chosen to license and regulate such wagering within one year of its passage. New Jersey did not do so. Two decades later, if the data and information offered by our elected officials are correct, our state is now greatly disadvantaged as compared to Nevada and the other “grandfathered” jurisdictions that currently reap millions of dollars in gaming revenues as part of a structured, regulated system of sports wagering within their borders. Indeed, in addition to New Jersey, most other states are barred from this type of commercial gaming activity.
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