The column below reflects the views of the author, and these opinions are neither endorsed nor supported by WisOpinion.com.
You see the commercials all the time when watching the Badgers or Packers take on their rival of the week: promotions for websites and apps like DraftKings or FanDuel that allow everyday fans to engage in sports betting. While the idea has piqued the interest of many, the opportunity to engage has been nonexistent for Wisconsin sports fans.
Under the state’s constitution, gambling and sports betting are illegal, and many Wisconsinites would welcome legislative efforts to legalize them statewide. Unfortunately, legislators in Madison are gambling with the future of sports betting in our state, and the stakes are far too high for voters not to have a say in this process.
Right now, a group of legislators is moving at breakneck speed to fast-track legislation that would expand gaming across the entire state under the guise of sports betting for all – and they are hoping to do so without public scrutiny or input. As stated earlier, sports betting and gambling are illegal in the state of Wisconsin according to our state’s constitution, with one exception: Native American tribes who reside in Wisconsin are allowed to operate casinos and sports gambling establishments within their territory without running afoul of the state’s constitution.
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So why would legislators push a popular issue like sports betting under the cover of darkness? Because the folks in Madison know it’s a bad beat and understand if the public knew what was at stake, they would be against the current legislation as well. The secrecy of this backroom deal stems from two outcomes that would have long-term consequences for both Wisconsinites and the state for years to come.
First, the deal would create an unfair monopoly on sports betting in the state, limiting the size of the market and disincentivizing competition and growth. As we know, open, free markets have benefited the folks in our state for decades, but a potential monopoly would prevent national brands like FanDuel or DraftKings, who are well-known and well-vetted, from operating in the state, which would allow the singular beneficiary of the monopoly to operate as they please without worry of competition or fear of losing consumers.
Secondly, the bill completely bypasses typical benefits seen from free-market sports betting legislation in other states, like the strengthening of local economies and adding millions in state revenue. As worded, the legislation would see our state lose an estimated $400 million in additional revenue over the next five years because the legislation attempts to skirt the state’s constitution.
Finally—and most importantly—our legislators should never endorse or attempt to undermine Wisconsin’s Constitution, the very foundation of our state. Yet Madison is already on legally shaky ground, stretching its authority by leaning on Florida’s sports betting case as cover for its own actions. That comparison doesn’t hold up. Florida’s situation is far from settled, and using it as a legal excuse to sidestep Wisconsin’s constitutional limits is legislative overreach, plain and simple.
The push to legalize sports betting across the nation has grown over the last several years, and the stakes are far too great for us to get this wrong. Legislators need to think about the long-term implications of their current legislation, not the two minutes of positive press they assume they will receive when making this decision. The number one rule in gambling is remembering the house always wins. Legislators need to make sure at the end of the day, our state remains the house.
– Van Hollen, a Republican, served as Wisconsin attorney general from 2007 to 2015.
