West Virginia Declares DFS Skill Based and Not Illegal Gambling
The state of West Virginia has come out in favor of the legality of daily fantasy sports which is a welcome change from other states who have declared DFS another form of gambling. Attorney General Patrick Morrisey came out this week and stated that DFS is legal as it involved the element of skill which means it does not fall under the legal restrictions of gambling.
Morrisey said,“fantasy sports games are a bit different than games that are decided predominantly by chance. We read state law to prohibit only betting upon games decided at least predominantly by chance.”
Fantasy Sports on the other hand are,” predominantly by skill, knowledge, and athletic performance.” Morrisey’s opinion is a brave one and is vast contrast to his neighboring Attorney General Matthew Denn in Delaware who believes that DFS is nothing short of real money gambling and is based on chance and not skill.
Although any victory is welcomed by embattled DFS operators, the question as to whether West Virginia will tax and regulate DFS is still not clear and could become a reality if the legislators decide to interfere.