DraftKings and FanDuel leave Idaho
 State Attorney General says DFS constitutes illegal gambling
DraftKings and FanDuel will no longer operate in Idaho following an agreement with the stateâs Attorney General, the firms announced on Monday.
Idaho Attorney General Lawrence Wasden said he considered paid daily fantasy sports (DFS) to be illegal gambling following a three-month investigation. The withdrawal is effective as of May 1.
âMy concern is that the daily fantasy sports offerings my office reviewed require participants to risk money for a cash prize contingent upon individual athletesâ collective performances in various future sporting events,â said Wasden.
âAs I see it, this falls within Idahoâs definition of gambling. I commend the companies for negotiating in good faith and agreeing not to make these contests available in Idaho,â Wasden added.
The Idaho Constitution prohibits gambling except for the state lottery, pari-mutuel betting as well as bingo and raffle games.
Nothing in the agreement precludes FanDuel or DraftKings from offering free DFS leagues or other free contests that offer prizes to players in Idaho.
The agreement signed by both companies also provides a path to resume offering paid fantasy sports contests to Idaho consumers, including the Idaho Legislature changing the law to allow for and regulate such contests.
Paid DFS contests could also resume if a court with authority and jurisdiction in Idaho rules in favour of any form of such contests.
The companies can also restart offering such contests at any time, but executives have agreed to provide the Attorney General written notice 30 days prior to doing so. The notice serves to give the Attorney General time to evaluate the proposed contests to determine whether they comply with Idaho law.
The change means that more than 25% of US citizens do not have access to the big two DFS sites. In the past six months, the operators have left Nevada, New York, Mississippi, Hawaii, Alabama and now Idaho.
DraftKings said in a statement that it disagreed with the Wasdenâs conclusions but would continue to engage with state legislators. FanDuel said it will also work with legislators to âenact consumer protections so that we can bring our paid contests back to Idaho sports fans once againâ.