Today New Jersey Senator Ray Lesniak is expected to introduce a bill that presumably would circumvent the Professional and Amateur Sports Protection Act (PASPA), a federal law prohibiting sports betting, to allow sports gambling in the state’s casinos and racetracks.
His plan was announced shortly after the Supreme Court denied to hear the state’s appeal on Monday. New Jersey previously challenged the federal law in an effort to legalize sports betting in the state but has lost three times in federal court.
Senator Lesniak’s bill reads:
Sports wagering conducted at a racetrack or casino under procedures developed solely by the racetrack or casino shall not be considered unlawful gambling and a person shall not be subject to criminal or civil liability under the laws of this State for participating in, or conducting, sports wagering at a racetrack or a casino.
The bill is crafted based on the Third Circuit Court’s opinion that found the federal law does not stop the state from lifting the ban on sports betting even if PASPA still apply. The court held that PASPA simply prohibits New Jersey from actively encouraging sports gambling. Decriminalizing sports betting in New Jersey, the bill hopes the Department of Justice (DOJ) to simply look away, just like what it is doing for Colorado and Washington that have legalized marijuana.
Some have concerns about Senator Lesniak’s logic behind the bill. While there seems to be no powerful interest group pressuring the Justice Department to enforce the federal ban against marijuana, it is more than likely for multi-billion dollar sports empires like the NFL to urge DOJ to act.
While the bill is on its way to the Legislature, Representatives Frank Pallone (D-NJ) and Frank LoBiondo (R-NJ) issued a joint statement announcing their commitment to change PASPA. The statement said,
“As New Jersey’s options for appeal in this lawsuit have now been exhausted, we implore our colleagues in Congress to support federal legislation that will allow the state of New Jersey to implement its law and authorize legalized sports wagering.”
If the efforts of these New Jersey officials fail, it would be a big blow to Atlantic City whose gambling business has been deteriorating over the past decade.
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