Page 9 - Delaware Lawyer - Winter 2023

Lydia Olivere of Padua Academy, the only cross-country runner to be named Delaware's best for four consecutive years, later the fastest steeplechase runner in Villanova history, takes the lead in the 2017 Joe O'Neill Invitational, followed by two who succeeded her as state champion: teammate Lizzie Bader and Keelin Hayes of Tatnall School.
Jack Markell, the Delaware General Assembly took advantage of an ex- emption it had under PASPA because of a sports lottery that had been of- fered for a brief period of time in the 1970s. The legislature passed a law legalizing sports betting in Delaware, which led to litigation with several of the sports leagues.
After Judge Gregory Sleet in the District Court denied a preliminary injunction, finding there was no ir- reparable harm — a decision thor- oughly validated by all that has hap- pened since — the three racetrack casinos in Delaware, operating as agents of the Delaware State Lot-
tery, geared up to offer a full menu of Las Vegas-style sports betting for the start of the football season in Sep- tember 2009.
Those plans proved short-lived, however, as the Court of Appeals for the Third Circuit ruled on the merits in favor of the sports leagues and lim- ited Delaware to offering parlays on three or more NFL games — essen- tially what it had offered in the 1970s — a sliver of a slice of the sports bet- ting pie (no betting on individual games, no college betting, no betting on basketball, baseball, hockey, etc.). The U.S. Supreme Court denied the state’s petition for certiorari.
The Delaware General Assembly took advantage of an exemption it had under PASPA because
of a sports lottery that had been offered in
the 1970s.
New Jersey Challenges PASPA
The Delaware litigation proved to be a precursor of what became a much bigger fight across the Dela- ware Memorial Bridge, between the State of New Jersey and the sports leagues. With the vocal support of Governor Chris Christie, a refer- endum to legalize sports betting in New Jersey passed over whelmingly in 2012 and the state legislature authorized betting at casinos and racetracks in the Garden State. The sports leagues were back in federal court again, challenging New Jer- sey’s plan as a violation of PASPA, which it clearly was. Unlike Delaware
WINTER 2023 DELAWARE LAWYER 7
BLUE HEN PHOTOGRAPHY