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.
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.