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September/October 2016 // PUBLIC GAMING INTERNATIONAL //

87

new gallup poll says that

about half of americans

play state lotteries

That is down from the 57% who said

they played the state lottery in 1996

and 1999. And that decline is even in

spite of the fact that the number of

states which grew from 38 states to 44

states. And of those who play, the poll

indicates that 40% of the players are

“lower-income” and 53% are “upper-

income.” 11% of the lower-income

say they sometimes gamble more than

they should. Americans whose annual

household income is less than $36,000

per year were substantially less likely

than higher-income Americans to say

they have purchased a state lottery

ticket within the past year. Less than

half of Americans (47%) with a high-

school diploma or less say they have

purchased a state lottery ticket. That

is lower than the 53% of Americans

with some college, as well as those

whose highest education is a college

degree, who say they have bought a

state lottery ticket. These player data

are very similar to the results of previ-

ous Gallup studies conducted in 1999,

2004, and 2007. In each of those

three years, higher-income Americans

were more likely than lower-income

Americans to say they gambled.

Further, playing a state lottery is the

most popular of 11 common gambling

activities measured in Gallup’s latest

update on gambling behavior, with

barely a quarter of Americans report-

ing engaging in the second-most-

popular mode of gambling—visiting a

casino (26%).

casino giant caesars

entrainment: bankruptcy

laws being amended to

favor powerful private

equity firms?

Last December, Sen. Harry Reid tried

tacking an amendment onto an omni-

bus spending bill that would have ret-

roactively shielded two private equity

firms, Apollo Global Management and

TPG Capital, from junior bondholder

claims related to the bankruptcy of

casino chain Caesars.

ppa, pokerstars opposing

california web poker bill

Once supporters of the legislation, the

Poker Players Alliance and a coalition

formed by PokerStars and its brick-

and-mortar partners in California

have respectively issued statements

opposing the latest changes to a

bill in Sacramento that would legal-

ize, regulate and tax online poker

sites that receive a license from the

state. The PPA appears to be throw-

ing in with PokerStars in the fight

to stop lawmakers from penalizing

the operators which were in viola-

tion of the law. According to a state-

ment from the PPA,

“an examination

of the proposed amendments reveal that

it is actually a lifetime ban.”

Litiga-

tion that may result from this dispute

could cause further delays to passing

and implementing an online poker

bill should it become law. California

is the flashpoint for many of these on-

line gaming issues because it is such a

big and active online gaming market.

‘keep the money in

nebraska’ continues push

for legalizing casino and

poker industry

Lottery and horse-racing are the

only games-of-chance that is allowed

in Nebraska. But there is an on-

going campaign by a group called

‘Keep the Money in Nebraska’ to

push for new gaming laws that will

allow brick & mortar casinos and

poker rooms to operate in the state.

Nebraska does permit the lottery,

horse racing and Keno but does not

allow video gaming machines.

The Winnebago Tribe of Nebraska

which owns Ho-Chunk Inc is the

biggest financial backer for ‘Keep the

Money in Nebraska’ and helped the

group to raise around $1.25 million

for its campaign. Should legislators

make amendments to the state gaming

laws, the tribe will look to reopen its

Atokad Downs race track which shut-

down in 2012, and develop a casino

on the property.

Mississippi: Lottery considered

during 2016 session, but only fantasy

sports survives

A proposal to establish a lottery in

Mississippi was defeated during the

final days of the 2016 legislative ses-

sion. The bill allowing the playing of

fantasy sports was approved and is

now pending Gov. Phil Bryant’s sig-

nature. Only six states in the nation

do not have a lottery.

Online Fantasy Sports

Contests For Money

Asked To Cease

In Delaware

The Delaware Department of Justice

formally notified DraftKings, Inc.,

FanDuel, Inc., and Yahoo! Inc. that

online fantasy sports activities are not

permitted under Delaware law. DOJ

attorneys determined that online fan-

tasy contests that involve payment for

playing and monetary rewards consti-

tute gambling because chance, as op-

posed to skill, is the dominant factor

in the outcome of these contests. An

online fantasy sports contestant selects

fantasy players and teams, but has

no role in how these players actually

perform once the real-life games or

events occur. This is why chance—and

not skill—is the dominant factor in

online fantasy sports contests and why

these contests are illegal in Delaware.

As games of chance, these contests are

lotteries that must be operated under

the control of the State or permitted

through appropriate and specific legis-

lation, otherwise they are illegal under

Delaware law.