Anti-gambling body urges new Mexico to rule DFS illegal

New Mexico anti-gambling activist Dr. Guy Clark of the Stop Predatory Gambling New Mexico has taken to the local media to urge state lawmakers to vote against the legality of daily fantasy sports, claiming that online gambling interests are using the vertical as a wedge to introduce internet and mobile sports betting and ultimately online casino gambling.

Two New Mexico politicians, Rep. Nate Gentry and Sen. John Ryan, have been arguing that DFS is a “game of skill” and should therefore be regarded as legal in New Mexico.

Opponents have pointed out that the prohibition of gambling in the relevant state law includes “skill” as being an element of illegal gambling, and that almost all forms of gambling involve some skill, whether it be blackjack, poker or horse racing.

The New Mexico Gaming Control Act, defines prohibited gaming as “an activity in which, upon payment of consideration, a player receives a prize or other thing of value, the award of which is determined by chance even though accompanied by some skill.”

In an op-ed article this weekend, Dr. Clark observed:

“Some people have more skill at some form of gambling than others, but the definition of gambling still holds. For the over 90 percent of DFS players who consistently lose, skill doesn’t seem to have much to do with it.

“Even more important than the issue of DFS alone is the intention of the multi-billion-dollar gambling industry to use DFS as the wedge to open the door to legalized online gambling, with the next steps being online sports gambling, online poker, then full-scale casino gambling.”

Dr. Clark goes on to appeal to New Mexico Attorney General Hector Balderas to uphold state law by ruling DFS illegal.