The Prospects of iGambling Legislation in Massachusetts

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Tuesday, December 29th, 2015 | Written by Lucy Brown

When conversations crop up regarding where online poker is likely to be legalized next, Pennsylvania is the state that is most often discussed. There is a good reason for this, too, as out of all the US states Pennsylvania is truly the closest to passing such legislation within its borders. After Pennsylvania, California and New York are the most commonly thought about states that may move to legalize online poker in 2016. However, a recent decision from the Attorney General of Massachusetts now has some industry experts wondering whether online poker legalization in Massachusetts may happen sooner rather than later.

Massachusetts and Daily Fantasy Sports

So just what has everyone buzzing? Three words–daily fantasy sports. In November, the Massachusetts State Attorney General Maura Healey issued a statement declaring that daily fantasy sports did not constitute a game of chance and therefore could remain fully legal in the state without any legislative oversight. She reasoned that daily fantasy sports, while gambling, required enough skill that it did not conflict with the state’s laws regarding gambling.

The DFS and iPoker Connection

Daily fantasy sports and online poker are clearly two very different games, yet many people are arguing that after issuing the statement about DFS that Maura Healey may find it difficult to fight online poker legalization. Because poker requires skill just like daily fantasy sports betting, it could be said that poker, like DFS, should be permitted within the state’s borders.

Opposition to iGambling in Massachusetts

While the argument that coming out in favor of daily fantasy sports betting could logically lead to supporting online poker, there may still be opposition to legalizing iGaming in Massachusetts. The Attorney General has previously stated that she is against all forms of online gambling. Plus, iGaming legislation that has been introduced by Bruce Tarr, a Massachusetts State Senator, has been met with resistance. Despite the fact that Massachusetts is known for being a more liberal state, many lawmakers tend to take a conservative stance on iGaming. Still, many people point to the fact that three casinos are set to open in the Bay State as evidence that opinions may be shifting.

Barriers to Legalization

Fighting the opposition to online gambling will be just one necessary step in bringing online poker to Massachusetts. In order for iGaming to be legalized, the state lawmakers would have to draft a set of laws to regulate it and put consumer protections in place for players, similarly to what has been done in the state’s brick and mortar casinos. Because online poker has been illegal since April 15, 2011, in Massachusetts, the law would also have to repeal the previous legislation. This means that there will be considerable work to complete before iGaming legalization can move forward.

Considering the entire picture surrounding online gambling legalization in Massachusetts, it seems that it is possible that iGaming may have a chance to be pushed into the political spotlight. Still, it will likely be some time before any law could be passed that would enable residents of The Bay State to legally play poker online.

Ominbus iGaming Bill Floated

The Massachusetts Gaming Commission (MGC) recently indicated a level of support for a potential state iGaming industry that includes poker, after its Chairman, Stephen Crosby, tried to tie in the white paper on the DFS industry currently being undertaken by the MGC with other forms of gambling. Crosby has even suggested introducing an “omnibus” iGambling bill that includes not just DFS, but other games such as online poker, and as he explained recently to the Boston Business Journal:

“Would it make sense for the Legislature to try to craft an omnibus regulatory bill for all of these new electronic gaming technologies – because there’s so many of them? If they could craft a bill, which incorporated regulatory priorities, fundamental values, whatever, that could be applied to all of these games – e-sports, [daily fantasy sports], online poker, whatever all the new ones are – maybe then they could give it to some agency to implement, and the agency does the grunt work every six months making it apply to whatever the new technology is.”

What such a bill would look like is unclear at this time, which is why Crosby’s statement suggests the piece of legislation would have to be vague and broad, with the specifics ultimately left to regulators, or perhaps even the MGC to decide. As e-sports’ rising star, daily fantasy sports, continues to be hotly debated by Massachusetts officials, it will be interesting to see just how much of a part online poker will play in these discussions.