California AG Rob Bonta Says Online Fantasy Sports Platforms Illegal in Golden State

California Attorney General Rob Bonta said in a legal opinion on Thursday that all daily online fantasy platforms in the state are illegal.

Bonta’s legal opinion likely sets the precedent for a “court action and a future legislative battle between fantasy sports operators and tribes that have been questioning the legality of online fantasy sports platforms in California,” per KRCA.

Bonta declared the platforms illegal, characterizing such platforms as sports betting, which is banned under California law.

A spokesperson for Bonta said that “the California Department of Justice expects companies to come into compliance with the law. Any specific action beyond that is premature.” The attorney general’s office did not say when the companies must comply with the law.

“The decision specifically makes a determination on daily fantasy sports but raises questions around season-long fantasy sports such as fantasy football or baseball leagues, where players compete for several months before they can win a prize,” noted KRCA.

“The 33-page document noted the request that prompted Bonta’s opinion specifically asked for a decision on daily platforms, but legal experts note he makes no distinction between daily fantasy and season-long,” it added.

Adjunct Professor Chris Micheli of the McGeorge School of Law said that Bonta’s legal reasoning could potentially lead to a ban on seasonal-only sports fantasy leagues.

“I would think, based upon his legal analysis in ruling in his opinion that the daily fantasy sports is contrary to California law, that he would find the same way for the seasonal,” said Micheli.

Shortly after Bonta released the opinion, the office of Gov. Gavin Newsom said that Sacramento disagrees.

“The Attorney General, in his independent capacity, issued this opinion — not the Governor’s office,” said Izzy Gardon, a spokesman for Gov. Newsom. “While the Governor does not agree with the outcome, he welcomes a constructive path forward in collaboration with all stakeholders.”

“We agree with Governor Newsom — AG Bonta got it wrong,” said J.T. Foley, Executive Director of the Coalition for Fantasy Sports. “As the Court said yesterday, this opinion ‘does not effect any change in law’ and does ‘not carry the weight of law.’ The law has not changed, a fact the last two Attorneys General, Kamala Harris and Xavier Becerra, recognized as they specifically declined any similar action. We are hopeful the Attorney General heeds the Governor’s call to find a constructive solution that preserves the games that California sports fans love.”

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