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Losing Big: America's Reckless Bet on Sports Gambling

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Jonathan D. Cohen

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“Colorado had the misfortune of launching legal sports betting at the height of the COVID-19 pandemic, when all major professional sports leagues were shut down. Some people, like Garnett, were willing to place bets that would not be decided for months (the Broncos finished 5–11). Others wanted action right away, wherever on the globe they could find it. Among the most popular sports in those early months were South Korean baseball, Costa Rican soccer, and Russian ping-pong. In May and June, Coloradans bet $15.7 million—roughly a quarter of the total bet on all sports—on table tennis, which was exciting, fast paced, and played at all hours of the day. Even if many bettors were simply picking players at random, they were not going to miss the chance for convenient, legal betting.”

“As one of [Colorado]’s problem gambling therapists predicted in early 2019, “We just are not ready for this.” They weren’t, and still aren’t. As of 2024, the state still has no inpatient or intensive outpatient treatment centers dedicated to problem gambling, and the PGCC website lists thirteen certified treatment providers for the entire state.”

“In interviews, many current and former lawmakers and industry representatives acknowledged the flaws in Colorado’s initial sports betting system, which they attributed to the fact that Colorado was an early adopter and had few models to learn from. (It was the sixteenth state to launch sports betting after Murphy, and the ninth to launch full online gambling.) But there was nothing forcing the state to adopt so early other than a gambler-esque hope for a quick windfall. Colorado could have sat back and assessed the results from New Jersey and Delaware and designed regulations that addressed the issues faced in other states. With money—or water—in their eyes, it chose not to.”

“States were unprepared for the onslaught of lobbying that followed the Murphy decision and were caught flat-footed by an aggressive campaign to set up industry-friendly sports betting systems. Facing the promise of a new source of tax revenue, lawmakers largely went along with sportsbooks’ desires without considering the potential harm that could ensue from gambling arriving onto every cell phone in the state.”

“The NFL was terrified of gambling because it would be devastating if fans came to believe that the outcome of that one-yard run was fixed, scripted, rigged. Notwithstanding the popularity of professional wrestling—which actually is scripted—a sports league cannot attract viewers if people believe the outcome to be in any way predetermined. The league’s concern with integrity, then, was as much about ensuring the fairness of its games as ensuring the perception of fairness. “The most precious possessions that we as a football league have are our reputations for integrity and the integrity of our games,” Commissioner Paul Tagliabue told Congress during hearings over PASPA. The league went to extremes to preserve that reputation and distance itself from all things gambling.”

“For decades, the [NFL] had a strict ban on all televised gambling references. Some announcers, like Jimmy “The Greek” Snyder or Al Michaels, would cheekily skirt this rule. If the outcome of a game was in hand but the losing team scored a touchdown that affected the over/under or the game spread, Michaels might note that the touchdown was “significant to some.” Such insider comments notwithstanding, the NFL’s stance on gambling ensured its broadcasts were gambling-free zones. These days, Al Michaels does DraftKings ad reads for Amazon Prime’s broadcast of Thursday Night Football.”

“The NFL justified its embrace of gambling with a new favor­ite Goodell phrase: “fan engagement.” “We’re going to find ways we can engage fans through legalized sports betting,” he declared in 2021. What Goodell meant was that betting offered a chance for people to raise the stakes for the games they already loved and to make being a football fan a more interactive experience. Gamblers had always taken a special interest in NFL games and now there were a lot more potential gamblers, casual and occasional viewers who could be converted into superfans if they thought they could win some money.”

“67% of sports bettors said they watched more than usual when they had bet on an NFL game. While a quarter of all sports bettors said they watched more than usual when they had bet on an NFL game, watching a game that was a blowout, just 10 percent said they would do so if they had money on the line. This was music to the league’s ears. As a former DraftKings employee observes, gambling is “scratching the itch of people who are competitive . . . or somebody that just wants a reason to watch a Thursday night Titans/Texas game.”