Fluharty Has A Thing (Or Three) To Say About WV Sports Betting Setbacks

Please be advised that Delaware North, the owner of the three WV sportsbooks currently under suspension, has recently announced its decision to terminate its affiliation with Miomni, its sports betting provider. As a result, the company has been unable to offer sports betting services for the past 23 days, with no resolution in sight. Delaware North has duly informed the West Virginia Lottery regarding its intentions. For further details, please refer to the comprehensive coverage provided by Legal Sports Report. We will keep you updated on any developments as the situation progresses.

Del. Shawn Fluharty is a prominent advocate for legalizing sports betting and online casino gambling in West Virginia. Recently, he discussed the challenges confronting the state with play-wv.com after the successful passing of the online casino bill.

He firmly believes that sports betting and online gambling will undoubtedly benefit the state through the generation of vital revenue.

WV sports betting boosting the economy

Despite having a small population, Fluharty, a Democrat in the House of Delegates, is optimistic about the growth of the gambling industry in WV. The emergence of online casinos and sports betting plays a significant role in this expansion, while also reinforcing the existing casino sector.

“I believe that online gaming has the potential to make a greater impact compared to sports betting, considering the revenue generation and trends observed in other states. Looking at the numbers, it appears to be a game changer.”

By expanding the range of betting options, the state’s casinos can improve their competitiveness against neighboring states’ establishments.

Fluharty emphasizes that evolving the industry is an essential aspect of our commitment in the state legislature. He acknowledges that for a long time, we were complacent and witnessed other states surpassing us in terms of progress.

Fluharty on WV online casinos

In 2018, West Virginia legalized sports betting, and the first of five WV sportsbooks was introduced in late August of the same year. Furthermore, the state granted approval for online gambling in March 2019, and it is anticipated that online casinos will be launched in West Virginia later in the year.

The bill was approved with backing from both parties and permits the inclusion of all games available in a conventional casino, such as:

• Poker
• Slots
• Blackjack

Fluharty discussed the possibility of online casinos commencing operations in the current year.

“I have high hopes that it will be fully operational without encountering the same issues we faced with sports betting.”

Fluharty is hopeful that operators swiftly enter the state and collaborate with its five casinos, addressing the problems such as a delayed launch that caused them to miss the start of the football season.

• Hollywood Casino situated at Charles Town Races.
• Mountaineer Casino, Racetrack & Resort: A premier destination for gaming, horse racing, and relaxation.
• The Greenbrier Casino Club
• Mardi Gras Casino and Resort
• Wheeling Island Hotel

Fluharty on the mishaps of WV sports betting

The closures of the Mardi Gras and Wheeling sportsbooks, along with the BetLucky mobile sports betting app, have been a source of frustration. Fluharty is of the opinion that the state has been a frontrunner in sports betting and heading in the right direction.

He suggests that sports betting can enhance the tourism industry as it is surrounded by neighboring states.

With a vast population surrounding us, the question often arises as to why we are fervently promoting sports betting and online gaming. The reason behind this is my firm belief that West Virginia should constantly strive to compete with our neighboring states instead of persistently lagging behind, as we have done for numerous years.

We take pride in being among the six states that took the lead in embracing sports betting. Furthermore, we are now among the few states that offer online gaming, positioning us as a frontrunner in this industry’s evolution. This development is undoubtedly beneficial for our tourism sector, as West Virginia is already recognized as a sought-after destination. The addition of online gaming will further enhance our appeal, attracting nearby residents to explore the opportunities in West Virginia.

Fluharty anticipates the launch of other authorized sports betting apps in WV following the closure of BetLucky. He has received information that DraftKings Sportsbook WV will be operational in the near future, although no exact timeline was provided. With the recent situation, they now have an increased motivation to commence operations in the state.

Fluharty on the closed WV sportsbooks

The shutdowns of the mobile and live sportsbooks have caused significant frustration. Delaware North, the operator of the two casinos, had collaborated with online gaming operator Miomni Gaming for the BetLucky app and its retail operations.

Although Fluharty remains optimistic about the future, the timing of the Delaware North situation was highly unfortunate.

As I was growing up, it seemed that West Virginia always played catch-up rather than taking the lead. However, we finally managed to excel in sports betting at the legislative level, even though we don’t have much else to boast about these days.

After witnessing this occurrence, it becomes extremely exasperating as it seems that there is likely a considerable amount of blame shifting taking place. At this stage, the legislature no longer has control over the situation.

The responsibility of overseeing sports betting and other forms of gambling in West Virginia lies with the West Virginia Lottery Commission. Fluharty expresses disappointment that certain problems could not have been identified earlier.

“We entrust regulators with the crucial task of preventing occurrences like this. Hence, as the Lottery, it is imperative for you to thoroughly comprehend and verify every single entity involved prior to granting approval for its implementation.”

However, despite this, Fluharty holds the belief that the commission is competent to handle the task, but suggests that they should approach the legislature in case additional resources are required.

He states that he has not shown any signs of them being unable to regulate sports wagering in the state. He believes they will take action and thoroughly research online gaming.

Fluharty on the Wire Act

In January, the Department of Justice revised their interpretation of the Wire Act, expanding its scope beyond sports betting. Consequently, a number of states have initiated legal measures to reverse this reinterpretation in order to safeguard online gaming and interstate compacts.

Fifteen additional states and agencies have joined forces to support the New Hampshire Lottery Commission’s (NHLC) legal action aimed at safeguarding its online lottery sales.

According to Fluharty, the new opinion is unlikely to have a significant impact on West Virginia or other states’ online gaming initiatives in the long term, as there appears to be an overwhelming momentum driving these efforts.

He expresses his doubt, saying, “In my opinion, it is unlikely to bring about any significant change. It’s reminiscent of how we observed PASPA remaining in place for an extended period, despite its obvious violation of the constitution and lack of proper legal opposition.”

Fortunately, New Jersey took action and pursued the matter all the way to the Supreme Court. The Supreme Court ruled that the existing law, which was outdated and unconstitutional, should be disregarded. I believe that the interpretation of the Wire Act will align with this same reasoning.

In addition, Fluharty further explains:

The release of the opinion might have caused concern among those in the business and regulators. However, various states are now responding and asserting their determination to carry out the task correctly without interference. This incident serves as another instance of Washington’s interference in states’ rights and its constant desire to involve itself in every matter.

Fluharty on interstate compacts

Some states have cited the recent reinterpretation of the Wire Act as the basis for their retreat from online gaming and mobile sports betting, as it suggests that interstate compacts, such as those for online poker, may now be considered violations.

Fluharty remains determined to continue those efforts, despite not perceiving it as a valid reason to slow down.

I fail to comprehend the reasoning behind certain states boldly declaring their intention to progress without reservations, while others remain hesitant. Ultimately, any legal issues that may arise will be resolved through the court system. It would disappoint me greatly if West Virginia chooses to slow down while other states forge ahead, capitalizing on the revenue generated from events like March Madness and other sporting events, leaving us to passively wait. I firmly believe that this is not a course of action we should take.

According to him, seeking a court remedy will provide clarity regarding the direction the state’s efforts will take. Considering the state’s small population, the potential online player pools would be limited unless interstate compacts are formed.

According to Fluharty, West Virginia’s gambling legislation is deemed constitutional and should progress.

The fascinating aspect, in my opinion, is the concern surrounding the possibility of not being able to establish interstate compacts. However, it is highly likely that multiple states will unite through an interstate compact and question why progress on this matter is being hindered. They will emphasize the importance of advancing forward and question why the generation of revenue, which benefits not only individual states but the entire nation, is being stifled.