Rhode Island faces lawsuit over “unconstitutional” sports betting
Mobile, virtual and land-based sports betting could end less than six months after launch
Legal sports betting in Rhode Island is under threat, following the launch of a lawsuit which claims it is unconstitutional, due to the lack of a public vote on legalisation.
The lawsuit, filed by US attorney Daniel S.Harrop, states that Rhode Island residents have “never made the free, intelligent and informed decision to approve sports betting that the Constitution requires”.
It has been filed in the Rhode Island Supreme Court against both the state’s Division of Lotteries and Division of Administration.
The allegations of unconstitutionality centre on a 1994 amendment to the state constitution which asserts that no form of gambling be legalised “until it has been approved by the majority of those electors voting in a statewide referendum and by the majority of those electors voting in a referendum in the municipality in which the proposed gambling would be allowed.”
Law firms Larisa Law and Fontaine Bell & Associates are acting on behalf of Harrop, with Joseph P. Larisa tweeting his assessment of the case.
Sports betting has never been on the ballot and in fact was illegal under federal law until 2019! RI Const. Art. 6, Sec 22 mandates that the people not the politicians have final say over all “new types” or “particular forms” of gambling. The people must vote.
— Joseph S. Larisa, Jr. (@JoeLarisa) May 1, 2019
Sports betting was only legalised in November 2018, being included in the Rhode Island state budget for 2019 and approved by both the Rhode Island General Assembly and state governor Gina Raimondo.
The lawsuit asks for a declaratory judgement and so-called injunctive relief, which would effectively stop sports betting within the state.
The state originally launched retail betting in November last year with IGT technology and William Hill pricing. A bill to allow sports betting via mobile was recently approved by the Rhode Island General Assembly in March and could also be kyboshed if the plaintiffs win.