California attorney general declares daily fantasy sports illegal gambling

California Attorney General Rob Bonta issued a formal legal opinion on Thursday declaring that daily fantasy sports platforms constitute a form of illegal online sports betting.

In the 33-page opinion, Bonta concluded that the operation of daily fantasy sports (DFS) contests, such as those offered by DraftKings, FanDuel and similar services, is not permitted under current California law.

The opinion was issued in response to a request from Assemblymember Tom Lackey and comes amid growing scrutiny of fantasy sports operators by lawmakers and tribal gaming interests.

Daily fantasy sports platforms involve betting on the performance of athletes, which falls under the definition of illegal gambling in California, Bonta argues.

Online sports betting remains illegal in California, despite multiple failed ballot initiatives in recent years that sought to legalize it. The most recent attempt in 2022 was overwhelmingly rejected by voters.

While the attorney general’s opinion does not carry the force of law, it could influence future court rulings and legislative debates. Chris Micheli, an adjunct professor at McGeorge School of Law at the University of the Pacific, told Nexstar’s Eytan Wallace that Bonta’s opinion carries significant weight.

“The attorney general of California is authorized to issue written legal opinions. While they do not carry the force of law, they are often referred to and deferred to by California courts,” Micheli said. “In other words, they are what we call persuasive authority.”

A spokesperson for Gov. Gavin Newsom said the governor disagrees with Bonta’s interpretation but welcomes “a constructive path forward in collaboration with all stakeholders.”