DraftKings has become a dominant force in the sports betting industry. Since its creation, they’ve not only grown themselves rapidly but have also played a big part in normalizing sports betting. What made DraftKings so popular was daily fantasy sports, a mixture of two popular sports betting and fantasy sports activities. And though they’re an impressive figure, they have a lot more room to grow, as they’ve begun expanding their services to fantasy esports. However, DraftKings, and sports gambling for that matter, can still be a controversial subject in some areas. So, is DraftKings legal?
That all depends on where an individual resides. DraftKings’ legal right to operate is still something that many places are still trying to figure out.
There are usually several key factors that determine which states are DraftKings legal. This is because some services of DraftKings may be legalized and some may not. State’s laws typically decide rulings on traditional sports betting.
However, some exceptions pop up here and there. After all, the laws on sports gambling can be complex, so there are situations out there that also happen to be fairly complicated. Some examples include laws that are unclear, leading to a tentative and precarious right to operate.
Is DraftKings Sportsbook Legal?
Although DFS is what DraftKings is most famous for, their sportsbook is still a massive moneymaker. So regarding their sportsbook, where is DraftKings legal? Unfortunately, the number of states that have legalized the Sportsbook is small, albeit growing.
The state governments gained the power to make their own calls on sports betting a couple of years ago. Since then, each state has gone through its own legal process. Which states don’t allow DraftKings and which states do allow DraftKings has been decided by each individual state.
States where DraftKings is legal include:
- North Carolina
- West Virginia
- New Jersey
- New Hampshire
- New York
The last of the two are DraftKings restricted states, which means only DraftKings can operate there. Although they’ve all agreed on legalizing DraftKings Sportsbook, there are still differences, such as the amount of DraftKings winnings taxed.
The states not listed are the ones who have decided not to legalize the DraftKings Sportsbook. Now, some of those states have banned sports betting entirely, while others have specifically banned DraftKings or only allow one type of service.
This is the case in states like Oregon, Washington, Nevada, Arizona, Montana, South Dakota, Wyoming, Arkansas, Rhode Island, and Virginia. Each decision could’ve been made for a variety of reasons, such as deals with some of DraftKings competitors or disapproval of certain rules of DraftKings.
Overall the sportsbook for DraftKings is certainly something that they hope can be more widely accepted in the future. The good news is that momentum seems to favor sports betting becoming more and more accepted. Expect lots of changes to come to the current set of laws in the future.
Is DraftKings DFS Legal?
The good news is that while Sportsbooks are more controversial, daily fantasy sports in this country have become widely accepted. And naturally, DraftKings, one of the industry leaders in DFS services, have benefitted immensely. So, where is DFS legal?
Now when it comes to this topic, the question shouldn’t actually be where is DraftKings legal, but instead, where is DraftKings not legal? And the answers to which states don’t allow DraftKings DFS are:
As for the rest, every other state are places where DraftKings is legal when it comes to DFS.
Of the seven, the most strict about DFS are Arizona, Washington, Idaho, and Hawaii. The other three have interesting situations.
- Nevada deemed DFS to be a form of gambling, and as such, banned companies from operating without a license. Predictably, this turned off all DFS sites, including DraftKings.
- Montana considers DFS to be illegal except for contests run by the state lottery. This suggests that the state could change its stance on DFS in the future. Of course, it also means they probably want a bigger slice of the pie, potentially discouraging operators.
- Louisiana is the most likely of the states that have banned DFS from changing its stance. It arguably already has many parishes that have pushed for its legalization. Now, it’s just a matter of establishing additional regulations before sites like DraftKings can come to the state.
Now, for interested individuals stuck in locations where DraftKings is illegal, making their voice heard by lawmakers is the best course of action. But for those who really can’t wait and want to get into DraftKings contests and tournaments immediately, it’s not impossible.
That said, it’s also not advisable to do such things. It would require getting a high-quality VPN that can slip through DraftKings security systems, and setting up payment would bring even more headaches. There’s also the slim but not impossible risk of getting punished for breaking the law.
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