Can New York adopt sports betting without enabling legislation?

New York lawmakers famously adjourned last month without passing sports betting legislation that would enable the state to enter this newly competitive and potentially lucrative sector, but there are now reports that legislators are looking for loopholes that would enable an early entry without specific legislative activity.

The subject was reportedly discussed at Monday’s meeting of the New York Gaming Commission, which was advised by acting executive director Ron Ochrym that Commission staff are working on appropriate regulations that could “effectuate sports gambling under existing statutory language.”

Ochryn revealed that there are a number of thorny policy areas that staff have been considering, including whether the existing law can be read so as to authorise mobile wagering without new statutory enactments, and, if so, whether to limit the number of skins available.

Local media reports claim that the Commission’s initiative to draft regulations runs contrary to Gov. Andrew M. Cuomo’s position expressed earlier this year that sports gambling could only be offered in New York with additional legislative action.

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