DraftKings, FanDuel Confident DFS Law Will Withstand Constitutional Challenge

DraftKings and FanDuel said on Monday they respect a New York judge’s decision to deny a motion to dismiss a lawsuit challenging the constitutionality of the state’s daily fantasy sports (DFS) law, but the companies “look forward to the final decision.”

“Under the state constitution, the legislature is explicitly given the power to define what is — and what is not — gambling, and the legislature has done so a number of times in the past for other games,” Marc La Vorgna, a spokesman for DraftKings and FanDuel, told GamblingCompliance.

Further, La Vorgna said that New York Attorney General Eric Schneiderman, “who certainly has had some strong opinions about fantasy sports, has clearly stated he will enforce and defend this new law as constitutional.”

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