Massachusetts regulator signs off on “21 and over” sportsbook ad change

In a regular meeting of the MGC, which took place last week, the five-member commission voted 3-2 to push through the rule change, which went into effect on June 30.

The rule change will affect all sportsbook advertising at Commonwealth venues including Fenway Park, the TD Garden, and the Gillette Stadium.

DraftKings and its partnership with the Boston Red Sox will be affected as the operator will have to change its signage at Fenway to include the requisite “21 and over” language on signage above the infamous Green Monster.

Originally, the rule change was to affect all forms of sportsbook advertising, both online and in person, however MGC officials later changed this to apply to venues only.

Representatives from the Boston Red Sox, Boston Bruins, and the Boston Celtics wrote to the MGC to express their opposition to the rule changes, applauding the regulator for its work but also contending that such a change would raise a “variety” of questions for the state.

These include arguments that the rule change could potentially generate more interest in betting on sports from minors, and whether it was necessary to have this language emblazoned on signage when the operators themselves would have “very clear limits” preventing minors from placing bets on games.

In a pointed reference to DraftKings, the three teams’ respective representatives all cited the disparity in age gaits for sports betting and DFS that is also offered in the state and for which a 21-age limit would not apply, suggesting that the mere display of the DraftKings logo, even for DFS, would require the “21 and over” slogan.

Lastly, the trio asked the MGC to highlight any other examples across the US where a standalone corporate logo was required to be accompanied by a legal disclaimer.

“Given all of these serious questions, we believe that the clarification regarding standalone branding should apply to all displays of operators’ logos and trademarks, including those on fixed signs,” the teams wrote.

“It does not make sense or seem necessary for fixed signs bearing only the logo of a sports betting operator – including those in sports venues – to be required to have “must be 21 or older” language,” the letter concluded.

Sportsbook operators including DraftKings, Fanatics, WynnBet, and the Barstool Sportsbook also opposed the changes.

Under the approved regulations, all venues would have 90 days to comply with the rule change.