Monmouth Park can’t offer “other sports” betting after all, NJ federal judge now decides



There was only one question asked afterwards by the dozen or so attorneys who were on a conference call Friday to hear Judge Michael Shipp explain his rationale from his Trenton bench for agreeing to issue a Temporary Restraining Order.

There was only one question asked afterwards by the dozen or so attorneys who were on a conference call Friday to hear Judge Michael Shipp explain his rationale from his Trenton bench for agreeing to issue a Temporary Restraining Order, requested by the NFL/NCAA/NBA/MLB/NHL, that prevented anyone from betting on NFL games at Monmouth Park on Sunday.

That was by Ron Riccio, the lawyer for the state Thoroughbred Horsemen's Association. Riccio wondered if the TRO applied to all sports, or just to games involving the plaintiffs.

Just the plaintiffs, Shipp replied – and the confusion began.

In a press release issued later Friday, track operator Dennis Drazin said in part, "[T]he injunction only applies to the four leagues and the NCAA and still allows for betting on other sports such as golf, tennis, boxing, MMA fighting, NASCAR and soccer."

Well, that was until an addendum was posted by the judge, Drazin told me today.

"That reads that 'upon further consideration,' the TRO applies to all sports," Drazin said. "It's pretty clear that after he got off the bench, he thought more about this. "It's unusual to grant relief to parties that aren't there – and didn't ask for relief."

But wait, the Professional and Amateur Sports Protection Act of 1992 clearly prohibits 46 states from offering any sports betting at all except for horse racing, dog racing, and jai alai. So how can Monmouth Park think it can offer these "other" bets?

Drazin, an attorney himself, reminded me that the core issue here is that PASPA prohibits "state-sponsored" sports betting in those states because that was seen to be corrosive to the lifeblood of sports if there was a "spread" of such betting beyond Nevada.

New Jersey's new sports betting law signed earlier this month by Governor Christie purports to take the state out of the picture entirely, while allowing state racetracks and casinos to regulate such betting if they choose (so far the others are keeping mum, content to let Monmouth Park take up the challenge first).

If the state is correct, then any betting is possible in New Jersey tracks and casinos.

Drazin estimates that the "other sports" combined would make up roughly 8 percent of a total handle – the NFL and NCAA football and basketball are kings, followed by the other major pro sports.

World Cup soccer betting would have been ideal, Drazin notes, and European soccer could be in play as well. Research is still being done on what the first, best options might be.

So does the judge's addendum end the "other sport" scenario? Nope.

"We intend to challenge it" in court, Drazin said, adding that the overall prohibition, like the plaintiff-focused TRO, expires for now on Nov. 7. An injunction to delay any bets until the outcome of the case is decided is the next issue at hand.

This is a reprint from blog.northjersey.com. to view the original, click here.


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