Colorado Attorney General says path is clear for legal sports betting
Sports betting can be made legal without constitutional amendment according to Cynthia Coffman
Colorado attorney general Cynthia Coffman has said the state can legalise sports betting without the need to amend its state constitution.
Submitting a formal opinion to the Colorado Department of Revenue, Coffman said: “The Colorado Constitution does not prohibit or otherwise restrict commercial sports betting, but commercial sports betting is impermissible gambling under Colorado’s criminal code.
“New legislation, but not a state constitutional amendment, would be required to authorize commercial sports betting in Colorado. Whether or not sports gaming should be legalized in our state will ultimately be up to the legislature to determine.”
Under the Colorado constitution, lotteries are prohibited under the definition of being games of chance, which Coffman dismisses as being not applicable to sports betting as “participants are able to exercise sufficient skill in selecting their wagers such that chance is not the ‘controlling factor’ in any award.” Therefore, the legalisation of sports betting does not fall under the constitution and does not require a state-wide vote to be introduced.
In addition, under a constitutional amendment first ratified in 1992, the provision of games including slot machines, blackjack, poker, craps and roulette falls under the definition of “limited gaming”, also requiring state wide voter approval before any such activity can be legalised.
Limited gaming enforces a $100 maximum wager limit, allows casino gambling only in specific areas of the state (mainly certain historical districts and tribal reservation land) and lastly places significant restrictions on how much of a buildings space can be used for gaming activities.
Coffman asserted that sports betting does not fall under the pre-existing definition of limited gaming adding: “Because commercial sports betting, is not ‘limited gaming,’ this constitutional provision is not relevant,”
To address the potential next steps, Coffman called for greater industry engagement “regarding the potential societal consequences” of sports betting legalisation, adding that the “benefits that will need to be weighed carefully to ensure the appropriate outcome for Colorado.”