Attorney general: Sports betting won't require constitutional change

Cynthia Coffman says decision falls on legislature

POSTED:   08/03/2018 08:53:55 AM MDT

It's going to take a change in the law — but not Colorado's constitution — before people can legally sit inside the Broncos' stadium and bet on a field goal.

"After conducting a full legal analysis I have determined that commercial sports betting is not subject to state constitutional restrictions, but is prohibited gambling under Colorado's current criminal code," Attorney General Cynthia Coffman said in a statement. "Whether or not sports gaming should be legalized in our state will ultimately be up to the legislature to determine."

Coffman's office started looking at what Colorado laws would have to change to legalize sports betting in May after the U.S. Supreme Court struck down a federal law called the Professional and Amateur Sports Protection Act (PASPA). New Jersey argued successfully to the court that limiting sports betting to a handful of states was unconstitutional.

Her office's analysis found that Title 18 in the Colorado Revised Statutes defines sports gambling as an illegal activity, and lawmakers would have to change that if they want to let people use their phones to bet on the Rockies while sitting at Coors Field.

That part of Coffman's formal opinion was expected, but the bigger question was whether a 1992 constitutional amendment allowing "limited gaming" in Blackhawk, Cripple Creek and Central City would apply to sports betting. Her answer Thursday was that it does not.

The amendment defined limited gaming as blackjack, poker and slot machines.

"Because commercial sports betting, as contemplated in this formal opinion, is not 'limited gaming,' this constitutional provision is not relevant," according to Coffman's opinion.

That's a bit of good news for people who want to expand sports betting across the state because that means it wouldn't require a decision from voters. Colorado voters have repeatedly shot down the idea of expanding gambling outside of those three cities via amendment.

Colorado's casinos, however, don't think Coffman's opinion is legally sound.

"The Colorado courts only give 'respectful consideration' to attorney general opinions and, many times, find that an AG's opinion is incorrect," the Colorado Gaming Association said in a statement. "Attorney General Coffman's conclusion that horse and dog racing are 'not materially different' than professional and collegiate sports betting is factually and, we believe, legally incorrect."

Even if legalizing sports betting can be done without a public vote, changing Colorado's criminal code won't necessarily be easy.

"I anticipate that the members of the General Assembly will receive substantial input from their constituents and other stakeholders regarding the potential societal consequences or benefits that will need to be weighed carefully to ensure the appropriate outcome for Colorado," Coffman said.

http://www.journal-advocate.com/sterling-local_news/ci_32047979/attorney-general-sports-betting-wont-require-constitutional-change