California Attorney General Rob Bonta issued his formal legal opinion on Thursday, declaring that the daily fantasy sports platform is an illegal form of online sports betting.
In the 33-page opinion, Bonta concluded that the current California law does not allow the operation of Daily Fantasy Sports (DFS) contests provided by DraftKings, Fanduel and similar services.
The opinion was issued on request from assembly members from MP Tom Lucky and was released amid growing interest in fantasy sports operators and tribal games by MPs.
The daily fantasy sports platform involves betting on the performance of athletes that fall under California’s definition of illegal gambling, Bonta argues.
In California, online sports betting remains illegal despite multiple failed voting initiatives that have been attempting to legalize in recent years. The latest attempt in 2022 was overwhelmingly rejected by voters.
The Attorney General’s opinion is not of law power, but it could affect future court decisions and legislative debates. Chris Micheli, an adjunct professor at McGeorge Law School at the University of the Pacific, told Nexter Eitan Wallace that Bonta’s opinion holds considerable weight.
“The California Attorney General is authorized to issue written legal opinions. They do not carry any forces of the law, but are often referred and postponed by California courts,” Micheli said. “In other words, they are what we call persuasive authority.”
A spokesman for Gov. Gavin Newsom said the governor disagrees with Bonta’s interpretation but welcomes “a constructive path in cooperation with all stakeholders.”
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