Critics of the New Mexico Lottery Authority charge that it exceeded its authority when it authorized a new sports lottery game. The two weeks ago lottery board voted unanimously to make the change that will take effect in from four to six months.
Rep. Jason Harper said the lottery acted illegally, pointing out that in 2015 and 2016 the legislature rejected a Lottery proposal to allow customers to play the lottery game as they were pumping fuel.
The new game will function like a “parlay wager” where players must correctly choose the outcomes of at least three sports events to win.
Guy C. Clark, chairman of Stop Predatory Gambling New Mexico argues that a sports lottery game violates state law since New Mexico has not yet acted to legalize sports betting.
Several weeks ago, the Santa Ana Star Casino, an Indian casino, began offering sports betting. Clark claims this violates federal law. Last week he wrote, “The lottery board is suggesting that since the U.S. Supreme Court overturned the Professional and Amateur Protection Act (PASPA) in the suit initiated by the NCAA against the State of New Jersey, that the court waved a magic wand and made sports betting legal throughout the United States. No such thing happened.”
Rep. Harper added, “When the Supreme Court ruled, it did not change any laws in New Mexico. So why the lottery thinks it can do sports betting now again shows we have a rogue lottery in our state.” Harper has vowed to ask the state Attorney General for an opinion.
Santa Ana Star Casino Hotel already thinks it knows the answer to that question. When it began offering sports betting it released this statement by CEO John Cirrincione: “Hundreds of millions of dollars are spent each year through illegal sports books and shady overseas internet operations. It is good to see that sports betting will be strictly regulated and brought out of the shadows around the country . . . Our goal is to provide a more fun and entertaining gaming experience for our guests.”
Rep. Antonio “Moe” Maestas said that in his opinion when the U.S. Supreme Court lifted the ban on sports betting in May that the tribe was authorized to offer it since state law uses the federal definition of Class III gaming, which includes sports betting.
“That opened the door,” said Maestas. “Even though in the compacts (with tribes with gambling operations) we don’t use the term ‘sports betting,’ we apply the Class III definition, which does include the term.”
The AG’s office answered an inquiry by the Albuquerque Journal with this statement: “The Office of the Attorney General is aware of both of these matters and will closely monitor New Mexico’s tribal gaming compacts, as well as the lottery, and will work with the Legislature for proper statutory and regulatory oversight to require responsible gaming and enhanced integrity to create an even playing field for all.”
