New York’s attorney general Eric Schneiderman issued a cease and desist letter to DraftKings and FanDuel, the two leading daily fantasy sports companies, instructing them to stop operating in New York because their services constituted illegal sports gambling.
"Our review concludes that DraftKings'/FanDuel's operations constitute illegal gambling under New York law," Schneiderman wrote Tuesday, according to ESPN. He also said players on both sites "are clearly placing bets on events outside their control of influence, specifically on the real game performance of professional athletes."
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The two DFS titans are fighting hard to protect their turf in New York, which makes up 12.8 percent of their users, and that’s a good thing. The line between DFS and true gambling, in the point-spread and over/under sense, is blurred, but sports fans are having such a good time that Mr. Schneiderman should leave them alone.
Sure, players are placing bets on events they can’t control, but so are the millions of people in New York buying lottery tickets. And for all the advantages DFS insiders have over the average joe, DFS players have a better chance of winning something on DraftKings or FanDuel than they do by playing the lotto.
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The DFS companies have countered that their game is one of “skill,” and not pure chance. If you squint, you can see their point. Players with detailed knowledge of matchups, offenses and defenses can exploit cheaper players in fantasy football, while hardcore fans keeping up with the NBA’s schedule and injury reports can avoid dead spots in fantasy basketball. And the games aren’t outcome-based; whether the Jets beat the Bills on Thursday night was irrelevant, so the games can’t be fixed.
Finally, the New York government has larger issues than fantasy sports, and it has upset a large portion of the constituency with this move.
Let the people play.
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