AG sends fantasy ball back to NCAA's court
By Paul Vang
Montana’s laws regarding fantasy sports and sports pools do not run contrary to NCAA regulations, according to Montana Atty. Gen. Steve Bullock.
In a letter sent on June 23, Bullock responded to a June 15, 2009 formal notice from Elsa Cole, Vice President for Legal Affairs/General Counsel, for the National Collegiate Athletic Association. In this notice, sent to David Aronofsky, counsel for the University of Montana, the NCAA concluded that Montana law permits “wagering based upon the outcome of an event” and that runs afoul of NCAA policy regarding hosting of tournament events.
Montana universities have hosted over 30 collegiate tournament games since 1991 when the state implemented its statute and rules for fantasy sports leagues, which has just now caught the eye of the NCAA.
 |
Steve Bullock
|
In the letter, Bullock, who was elected to office in the 2008 general election, asserted that Montana’s laws do not permit any sports pool as a game based on the outcome of a sports event as that term is used in NCAA rules. He also pointed out that at least four other states, Iowa, North Dakota, Mississippi, and Washington allow betting through sports pools, where a bettor's position is determined entirely at random.
The NCAA has also allowed regional and national basketball events in Washington and Football Championship Series playoff games in Iowa. “This certainly raises the question of why Montana would be penalized and these other states not.”
Bullock's letter to the NCAA went on to state, “Fantasy leagues also have nothing to do with the outcome of any sporting events. These leagues are based on the combined performance of individual players, irrespective of their team affiliation... The statutes make it clear that they ‘do not…authorize betting or wagering on the outcome of an individual sports event.’”
Bullock suggested that Montana could authorize a pool game, identical to state's allowed sports pools, “that paid out on the basis of a grid composed vertically of the last digit of the Dow Jones average and horizontally of the last digit of the NASDAQ index, no one would seriously argue that the game undermined the integrity of the stock market. Respectfully, the NCAA’s concern that Montana’s style of sports gambling threatens the integrity of NCAA sports is similarly unreasonable.”
Bullock’s letter concludes, “We have a long history of supporting our student athletes, collegiate athletics and the NCAA. I hope the above information lays to rest the NCAA’s concerns and helps to put this issue behind us.”
As of press deadline, the NCAA, according to Judy Beck of the AG’s office, has not yet responded to Bullock’s assertion that Montana sports gaming laws do not interfere with NCAA rules.
While the state’s lawyers deal with the NCAA, Montana Lottery continues with plans for a revamped professional football fantasy game scheduled to begin in September with the 2009 NFL season.
Players will see a number of changes that, according to Jo Berg, communications director for Montana Lottery, were asked for by players and Montana Sports Action retailers.
Improvements to the game will include an updated roster each week to reflect changes, such as players out due to injury, suspension, trades and bye weeks. The revised roster will be available by Tuesday mornings at the game’s website (www.montanasportsaction.com).
Another improvement to the game is the length of play slip wagering time. As early games are played during the week (e.g. games played on Thursday night), the players and defensive teams in those games are no longer available for fantasy rosters for that week. All other eligible players can still be picked until they play, or ten minutes before the first Sunday game. After the start of the Sunday games, only Quick Pick play will be available.
A major change is that the Lottery will allow fantasy post-season play this year. Logically, only teams and players in post-season play will be eligible for inclusion. The game will not be operated for the Super Bowl.