The American legislation on games mainly concerns three axes. A regulation for each entity existing in the country; local, state, and federal. The law on gambling may be different from state to state. There are those who have kept rules established for two centuries and those who do not yet know what to do with the proliferation of this type of game.
However, the laws do not manage to keep up with the evolution of modern technology and practices. They are therefore becoming more and more complex since the development requires a few decades before they can take shape.
The American law on games of chance can be seen as a liberal law since they are available almost everywhere in the United States. More than half of the US states have casinos and several sites are still under construction for the establishment of new casinos, and not just any. Given the size of the sites, they will surely be large. The same goes for the lottery; it is present in exactly 44 American states. Small arcades currently cover several American cities.
These few data show that America, despite its regulations, allows certain forms of betting. The government is however very strict when it comes to online games. A law is different from another depending on the nature and purpose of the organization of a game of chance.
Online gambling, restricted but attracting more and more users
Since the 2000s, American law has been constantly tracking online gambling sites to put an end to these illegal practices according to the regulations in force. In 2011, the FBI was able to shut down 3 world-famous poker sites. Pokerstars.com, Full Tilt Poker, and Absolute Poker have successively lost their place as the world leader in poker. The founders received an arrest warrant with charges relating to the organization of illegal gambling and certain money laundering in the sum of $ 3 billion.
Online games are illegal, but are, nevertheless, very present in the United States. It was not until 2012 that the state used another form of flexibility for these games. Some online games are therefore starting to be authorized in certain American states. Delaware, Nevada, New Jersey are the first to apply this new law. The first regulated online poker was launched by Nevada, Ultimate Poker. The rule however stipulates that only the inhabitants of the same city can play with each other.
However, users want to share their knowledge of the game with foreign players. Laws are being studied so that playing with foreign jurisdictions can become possible at any time. Gambling in the United States is legally restricted, but that does not prevent the exponential growth of participants.
Gambling and the Elections
The citizens of the United States are currently focused on this most important midterm election in modern American history. These elections would shape the last two years of Donald Trump’s presidency by highlighting him or leading him down the abyss.
Politics and gambling are inseparable in the United States
Despite the fact that the future of personalities is at the center of discussions in the United States now, it is important to note that the changes that the government decides to undertake will certainly have consequences with the market for games, casinos and betting sportsmen of the country.
The legal sports betting market has grown rapidly after the United States Supreme Court ruling issued. This judgment gave the green light to operators to offer betting to players and allow them to bet on different sports in the United States. Specifically, instead of putting in place a whole new law, US law decided to lift the federal ban on betting on professional and amateur sports.
After this authorization, it is the States’ turn to decide to lift this ban and allow players to play freely or maintain this ban. In some states, it is the voters who decide the fate of the applicability of this law.
Voters in Arkansas, for example, have decided to choose for themselves the fate of sports betting in the state. Other states, besides Arkansas, have decided on their own to institute measures for the legalization of casinos and betting.
However, above all, they have put in place a system of legislation aimed at regulating the field of games. Here are the details to know about the 2018 midterm elections and the potential consequences for the future of the gaming industry in the United States.
The residents, the final decision-makers
Amendment 3 was one of the most discussed measures during the 2018 vote. The choice to allow residents to vote was intended to give some guarantee to residents of the state. That is to say that the purpose of this referendum is to give the citizens the exclusive right to the expansion of the game in the territory.
5,5M people voted for the adoption of the law and 2,2M people voted against the adoption of the law. The measure was therefore approved since the law on the local referendum specifies that a majority of 60% of the voters is required to obtain approval.
The idea for this initiative was managed by the responsible voter vote measurement committee. This committee succeeded in obtaining a significant number of signatures after a long series of campaigning and effective descent. Large companies appreciated the gesture and the lobbying organized by the association and therefore decided to pay large sums of money to finance the ratification of this measure.
Amendment 3 was brought forward to mend voters and citizens on casino games. Amendment 3 was fed by major donors. Among them were Disney Worldwide Services Inc. and The Seminole Tribute of Florida. These two companies operate and own numerous casinos located throughout the state. Each of the two donated more than $ 20 million ahead of the midterm elections. This was done to lobby for the adoption of the proposed amendment.
It should also be noted that each of these large establishments wants to include voters in the future of gambling in Florida. Also, the Florida legislature would have tried to expand the local gaming industry which will have many negative impacts on the business of Disney and the Seminole.
Currently, as it is up to voters to choose and decide on gambling issues, the two companies will be able to lobby against expansion efforts as Disney, on the one hand, aims to maintain its leadership position in the tourism sector. On the other hand, The Seminole wants to ensure the continuity of its casino activities. Currently, The Seminole monopolizes the exclusive operation of table games in the state.
The activities offered by The Seminole, rank among the most popular and lucrative, not only in Florida but around the world. The Miami Dolphins backed the side that opposed Amendment 3.
Prior to the November 6 election, NFL franchising was seen as that company’s policy. The Miami Dolphins have spent money lobbying against the initiative. The company made its voices heard earlier on Monday. They posted a tweet saying the team encouraged Florida residents to vote “no” during the referendum.
Why? Because the adoption of this amendment 3 would put an end to hopes of legalizing sports betting.
The vote for the extension of the casino and sports betting
The people of the state of Arkansas have just voted and adopted Amendment Number 4. This constitutional amendment authorizes the commission that regulates gambling to issue four casino licenses in four different counties. This initiative will likely project the state towards the upcoming legalization of legal sports betting.
This change was taken into account after a referendum that led to a result showing a large margin with 54.1% of the vote against 45.9%. It is fundamental to note that Arkansas is one of the fundamental cradles of horse racing in the United States. Therefore, the adoption of a new law on betting of this kind could generate a promising market, which will generate a significant sum of money for both operators and the State.
The main purpose of this amendment is to ensure that the state does not lose money to the delight of neighboring states, especially Mississippi. According to reports, customers from Arkansas come to Mississippi to gamble. These customers made more than 1.14 million visits to Mississippi casinos in 2017.
The adoption of this amendment 4 will have a significant impact on the state economy. Students from the University of Arkansas and the Arkansas Institute for Economic Development did a study on the impact of the passage of this law on the economy of the state.
Over a ten-year period, the state will collect approximately $ 5.8 billion. In addition, this system will create more than 6,000 jobs for citizens.
The Racing Commission will now be able to provide full gaming options as well as sports betting services. Oaklawn Racing & Gaming and Southland Gaming and Racing are operators that already hold licenses for electronic games.
Thanks to amendment number 4, they will now be able to provide casino services if they get the license for it. The measure on voting was presented by Initiative Driving Arkansas Forward.
The group’s petition has been repeatedly denied by state attorney general Leslie Rutledge because of its rewording and other issues that officials pointed out. Eventually, the Amendment 4 request finally received the necessary approval in May.
Daily sports betting: it will be soon for Louisiana
Over the years, sports competitions have gained notoriety and popularity in Louisiana. DraftKings and FanDuel handle this booming market. Voters and citizens of the state also had their chance to participate in the midterm elections.
Unfortunately, this election had a complication for this state since instead of having approval at the national level, the voted amendment will cover only 47 constituencies out of the 64 constituencies that voted “yes”.
However, it will take some time before this new system is operational in the territory. Lawmakers will need to make this new provision official. Lawmakers have not planned anything in the field of sports betting,
The position on the expansion of gambling
In Illinois, the subject of the legalization of gambling has long been a topic of debate. Lawmakers have never had a common opinion on the legalization of gambling. Efforts to add gaming options to the existing market have always been rejected by the legislature.
Ohio also elected a governor who has shown his support for sports betting. The new governor affirmed the SCOTUS decision by saying that if he were not a fan of gambling, he would support the creation of a well-regulated sports betting industry in Ohio. Like in Illinois, lawmakers in Georgia have repeatedly tried to pass the legalization of casino gambling.