Rivers Barred from DFS Court Battle in N.Y.

New York’s Rivers Casino & Resort has been rebuffed in a court bid to have daily fantasy sports declared illegal under the state Constitution.

DFS was authorized in 2016 by an agreement between its proponents in the legislature and Governor Andrew Cuomo that the games are skill-based and therefore don’t constitute an expansion of gambling, which would require a constitutional amendment.

That view has been challenged, however, and last year, opponents won a ruling in Supreme Court, the first level of New York’s court system, that DFS does in fact violate the constitutional requirement.

The state Attorney General’s Office has appealed that ruling and oral arguments are scheduled to be heard later this year.

As a potential DFS competitor in New York’s nascent sports betting market, the Schenectady operator wants to join that challenge in hopes of obtaining a definitive ruling outlawing it. As one of Rivers’ attorneys has stated, “Whether (daily fantasy sports) is viewed as a game of skill or chance it is still unauthorized ‘gambling’ as that term is used in the constitution.”

Rivers’ argument has been blocked, however, under a new Appellate Division ruling that the casino lacks the legal standing to make it.

“The only time that I remember seeing a New York appellate court turn away a proposed amicus brief was when the proposed amicus had a direct financial interest in the outcome of the appeal,” said Albany attorney Rob Rosborough.

Which may be the court’s finding in Rivers’ case, he said, if the judges believed its interest in the outcome was purely based on economics.

Recent Articles

History Playbook

On This Day In Sports History

On May 12, 1976, the Red Sox snapped a 10-game losing streak with a 6-4, 12-inning victory over Cleveland, aided by a "favorable spell" from a Salem witch sent by a Boston TV station. The superstitions continued the following day when Cleveland countered with a "fairy godmother" to sprinkle dust on their players; however, the charms failed as Cleveland committed multiple errors, leading to another Boston win.

On This Day In Sports History

On May 11, 1996, a celebration for John Franco at Shea Stadium turned into a 16-minute brawl as the Mets edged the Cubs 7-6. The fight ignited after Mets pitcher Pete Harnisch threw a punch at catcher Scott Servais, leading to nine ejections, including a bloodied Franco. Despite the chaos, the Mets secured the win on a dramatic walk-off home run by Rico Brogna.​