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2016 Op. Haw. Att'y Gen. 1 (2016)

handle is hein.sag/saghi0089 and id is 1 raw text is: 






   DAVID Y. IGE                                         DOUGLAS S. CHIN
   GOVERNOR                                             ATTORNEY GENERAL

                           STATE OF HAWAII             RUSSELL A. SUZUKI
                     DEPARTMENT OF THE ATTORNEY GENERAL  FIRST DEPUTY ATTORNEY GENERAL
                             425 QUEEN STREET
                           HONOLULU, HAWAI 196813
                              (808) 586-1292
                            FAX (808) 586-1239


                         January  27, 2016




The Honorable  Rosalyn  H. Baker
Senator,  Sixth District
Twenty-Eighth  Legislature
State  of Hawai'i
State  Capitol, Room 230
415 South  Beretania  Street
Honolulu,  Hawai'i  96813

Dear Senator  Baker:

           Re:   Legality  of Daily  Fantasy Sports Contests

     This  letter responds  to your request,  dated January  21, 2016,
in which  you requested  an opinion regarding  the legality  of daily
fantasy  sports contests  such as FanDuel  and DraftKings  under
Hawai'i law.'

     We  conclude that  daily fantasy  sports contests  constitute
illegal  gambling under  Hawai'i law.

     FanDuel  and DraftKings  are websites  allowing Hawai'i  residents
to participate  in daily  fantasy sports  contests and  win money based
on the  performance of  athletes they  select.  There  are two
definitions  of gambling  under Hawai'i law and  these contests  fit
both of  them.  They are  contests of  chance because  chance is a
material  element for most  people participating  in them.   Haw. Rev.


1 FanDuel and  DraftKings do  not offer games  in Arizona,  Iowa,
Louisiana,  Montana, and  Washington State.  See People  of the
State of  New York v.  FanDuel and DraftKings,  Supreme  Court of
the State  of New York,  New York County,  Motions for  a
Preliminary  Injunction,  page 3, filed  November 17,  2015; Index
Nos. 453056  and 453054.


Op. No.  16-1

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