Any fantasy sports contest amounts to “illegal gambling” in Tennessee, argues state Attorney General Herbert Slatery in a new opinion obtained by The Tennessean.
The sweeping opinion covers all fantasy sports, the massive industry where contestants choos individual players from professional sports teams to compose their own teams in a competition with other contestants. Although states across the country have grappled with the legality ofdailygame sites, where the entire contest is completed in the course of one day and generally involves monetary prizes, Slatery’s opinion specifically applies to all fantasy sports.
Tennessee law essentially says any action where someone risks something of value, and that risk is based on a degree of chance, constitutes gambling, Slatery writes.
“While participants may use skill to select players for their teams, winning a fantasy sports contest is contingent to some degree on chance. Namely, the participants do not control how selected athletes perform in actuality on a given day. Athletes’ performances are affected by many fortuitous factors – weather, facilities, referees, injuries, etc,” Slatery writes.
“Thus, absent legislation specifically exempting fantasy sports contests from the definition of ‘gambling,’ these contests constitute illegal gambling under Tennessee law.”
The opinion, requested by House Minority Leader Craig Fitzhugh, D-Ripley, is based on (continue reading at Tennessean)