Groups claiming that fantasy sports is illegal

Image courtesy MGN Online

ALBANY, NY (WRGB)-There’s a new chapter in the battle over fantasy sports betting.

A number of groups fighting problem gambling now want the courts to weigh in on whether or not using sites like Draft Kings or FanDuel is even legal in New York State.

Four women are calling out a new law allowing the practice, filing a 77-page constitutional challenge in State Supreme Court.

It all centers on one question: is fantasy sports betting gambling?

If it is, opponents say it's illegal. Right now, the New York State Constitution bans gambling—aside from exceptions like state lotteries, horse racing and casino gambling.

“Daily fantasy sports fits within none of those exceptions,” exclaimed Neil Murray, the attorney representing the plaintiffs.

The group wants the court to essentially reverse the law that calls fantasy sports a game of skill, not a game of chance.

"If the Legislature can unilaterally define gambling in a way that contradicts what every normal person understands is the meaning of the term, then we're in serious trouble,” Murray said.

The four plaintiffs in this case are people who say they're affected in one way or another by problem gambling.

CBS 6 has yet to hear from FanDuel or Draft Kings.

A spokesman for Attorney General Eric Schneiderman said the AG’s office will review the complaint--and will enforce and defend the law.

If this group wins the challenge, the State Constitution would likely have to be changed in order to keep fantasy sports betting in New York.

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