DraftKings appeal in New York mentioned horse racing, dog shows and spelling bees as other tournaments in the state that should qualify as illegal gambling according to the decision that banned DFS sites in New York.
A DraftKings appeal in New York was filed this week, arguing that the court that supported Attorney General Eric Schneiderman and banned DFS in New York, made several errors.
DraftKings appeal in New York says judge made errors when banning DFS in New York
The DraftKings appeal in New York says, that “The court applied the wrong legal standard, and ignored the undisputed evidence, in finding that daily fantasy sports contests are games of chance.”
Judge Manuel Mendez argued that “a small number of professional gamblers profit at the expense of casual players.” DraftKings replied to that claim that the more skillful players are able to do better and that DFS is “no less legal than season-long fantasy sports”, emphasizing that the Attorney General claiming that the latter being legal according to US gambling laws.
If spelling bees are legal, DFS is legal too
According to the decision that banned DFS operators in New York, the practice at daily fantasy sites qualify as online gambling in the US, which is illegal. However, DraftKings argues that they have entry fees, not gambling stakes, and other events are also legal with entry fees and random factors influencing the outcome like dog shows or spelling bees.