Daily fantasy sports ruled gambling in New York

Two years after a law was passed allowing regulated daily fantasy sports in New York, a judge ruled on Friday that these daily contests are a form of gambling and therefore violate the gambling ban in the state's constitution.

The ruling was made by Acting Supreme Court Justice Gerald Connolly.

“[Interactive fantasy sports] participants have no control whatsoever of the performance of the selected players, though the experience, research and related skill involved in selecting an IFS team can sharply impact an IFS participant’s chances of prevailing,” Connolly wrote. “As such, the first legislative finding proffered, that is, the rationale for why ‘IFS is not a game of chance,’ does not lead to the conclusion that there is not, to a material degree, an element of chance to IFS competition.”

Attorney David Boies, who represents DraftKings, claimed in a statement that the ruling allows DraftKings to "continue to offer their services to players." He said they're studying the "decision invalidating the regulatory structure and are committed to working with the legislature."

DraftKings and FanDuel are being allowed to continue their services because they are based on players' skills. Both have been active in New York since the 2016 law was signed and passed.

Connolly's ruling is subject to appeal, but it is not clear whether the Gaming Commission plans on doing so.