TBA Law Blog

Posted by: Alexander Hall on Jun 25, 2019

Journal Issue Date: Jul 2019

Journal Name: Vol 55 No 7

Tennessee’s Sports Gaming Act Begins July 1

2018 was filled with many historical moments by some of the most prominent figures in sports. Tiger Woods returned to triumph on the PGA tour, LeBron James took his talents to Los Angeles, Danica Patrick suited up for the last race of her iconic 14-year career, and Robert Kraft owned the New England Patriots without being implicated in a massage parlor prostitution sting.

But none was more influential than the “American Sports Gambler,” who earned the top spot on Sports Business Journal’s 2018 list of the most influential people in sports.1

The award, which was announced seven months after the United States Supreme Court struck down the federal prohibition on state-sanctioned sports betting, signifies the colossal rise of sports betting in America. Of course, the word “rise” is somewhat misleading, as sports betting has been a predominant part of American culture for decades. As retired New Jersey state senator Raymond Lesniak put it, “The American Sports Gambler has been the most influential person in sports biz for decades … It just took a United States Supreme Court decision to recognize it.”2

From the Underground to Center Stage: The Supreme Court Strikes Down PASPA

The story of the American Sports Gambler is punctuated by controversy, affluence and persistent change. Uniform limitations on sports betting are scripted by various federal laws,3 many enacted during the 1960s in an effort to impede an expanding presence of mob-style gambling rings and sophisticated criminal enterprises.4 For the better part of a century, few topics made sports organizations more uncomfortable than the idea of sports gambling. Following the “Black Sox” scandal of 1919 — in which players were reportedly paid to throw the World Series — betting on sports was generally viewed by professional sports leagues as public enemy number one.5 This perception endured well into the 21st century. During a 2012 deposition, NFL Commissioner Roger Goodell stated that, of all the threats surrounding professional football, “gambling would be number one on my list.”6

Twenty years earlier, Congress enacted a federal law that was supposed to appease this type of apprehension. Clinging to the notion that legalized sports gambling would lead to a parade of horribles — including the corruption of team sports and of America’s youth — the NCAA and professional leagues lobbied for sports gambling prohibition and succeeded.7 In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), which prohibited states from sponsoring, promoting, licensing, or authorizing sports gambling.8 Although the law exempted gambling activity that was already legal under state law, only Nevada was allowed to accept wagers on individual sporting events.9

For 25 years, PASPA acted as the definitive barrier to sports gambling in all states outside of Nevada. What PASPA did not do, however, was prevent Americans from betting on sports. In 1997, a National Gambling Impact Study Commission concluded that sports betting was “the most widespread and popular form of gambling in America.”10 Growth in technology spurred more accessible avenues for gambling, an increasingly accepting public perception of betting, and a lot of cash.11 By 2015, Americans were betting $150 billion dollars on sports each year.12 However, only 3 percent was wagered legally through licensed sportsbooks in Nevada.13 The other 97 percent was wagered through illegal bookies and offshore gambling sites. PASPA was fueling an underground, unregulated subculture of sports betting from which the states received no economic benefit.

A change was bound to come — and did — following New Jersey’s nearly decade-long quest to overturn PASPA and offer sports betting at its existing casinos and racetracks.14 In 2012, the New Jersey Legislature enacted a law that legalized sports wagering in Atlantic City. The NCAA, the NBA, the NFL, the NHL,and the MLB (the leagues) responded with a lawsuit to enjoin the legislation for violating PASPA (Christie I).15 The district court sided with the leagues, the Third Circuit affirmed, and the Supreme Court denied New Jersey’s petition for writ of certiorari.16 New Jersey was undeterred.

In 2014, rather than enacting affirmative betting legislation, New Jersey repealed its own state laws criminalizing sports gambling, which would, in effect, legalize the activity without expressly saying so. Once again, the leagues filed suit against New Jersey and defeated the law under PASPA (Christie II).17 The Third Circuit affirmed the district court, and, again, New Jersey filed a petition for writ of certiorari with the United States Supreme Court.18 If history repeated itself, New Jersey would be out of options. 

This time, however, history was written, not repeated. The Supreme Court granted New Jersey’s petition, and, on May 14, 2018, issued its opinion in Murphy v. NCAA,19 striking down PASPA in its entirety and commencing a new era of sports gambling in America. The court ruled 7-2 that PASPA violated state regulatory powers under the 10th Amendment by commandeering states to enact and enforce laws against sports gambling.20 During oral argument, Justice Kennedy attacked PASPA for “lack[ing] a clear federal policy” and “blur[ring] political accountability.”21 Justice Breyer condemned PASPA as a law that “tell[s] states what to do, and therefore, falls within commandeering.”22 Justice Samuel A. Alito Jr., who authored the opinion, conveyed the certainty of the court by concluding that “[a] more direct affront to state sovereignty is not easy to imagine.”23

In terms of sports gambling’s transition into the legitimate American marketplace, the Supreme Court’s invalidation of PASPA was the equivalent of a red-carpet induction. States are now free to regulate sports gambling on their own terms, a freedom that is consistent with national law and policy.24 Due to its delineation of states’ rights and influence on state action, Murphy is “the most important sports betting case in United States history.”25

The New Age of American Sports Gambling: From New Jersey to Tennessee

The elimination of PASPA opened doors to a massive, regulated sports betting market in the United States. A recent study published by Eilers & Krejcik Gaming estimates that, within the next three years, the U.S. sports betting market will generate $12 billion in revenue.26 On a larger scale, market analysts envision a scenario where “more than $300 billion is wagered annually and legally in the United States, which would rank sports betting as the 15th-largest industry in the country” and account for roughly 2 percent of the country’s gross domestic product.27

Although these estimates are by no means absolute, and by many accounts optimistic, an abundance of state legislation confirms a broad interest in the benefits of sports betting. As of April 28, 2019, 152 sports betting bills had made their way onto the legislative tables of 38 states.28 Roughly 25 states are expected to offer legalized sports gambling by the end of 2020, and nearly a dozen more by 2025.29 Currently, eight states offer full-scale legalized sports betting. In the months following the Murphy decision, Delaware, New Jersey, Mississippi, Rhode Island, Pennsylvania, New Mexico and West Virginia each joined Nevada in offering, regulating and taxing sports gambling within their borders. Between August and December 2018, those states recorded nearly $4 billion in sports wagers and more than $300 million in gaming revenues.30 Six states and Washington D.C. have passed legislation and are pending launch.31

Introducing the Tennessee Sports Gaming Act

Progress has been relatively slow in the South. Apart from Mississippi, one of the first states to allow citizens to bet on sports following Murphy,32 no other southern state capitalized on the opportunity in 2018. The most notable change took place in Arkansas, where voters approved a constitutional amendment to allow sports betting at approved locations beginning this summer.33 Momentum picked up in time for the 2019 legislative sessions as sports betting bills surfaced in Kentucky, Louisiana, Alabama, Georgia, Virginia, North Carolina and Tennessee.

Tennessee is the first southern state to enact sports betting legislation in 2019. On Nov. 7, 2018, Sen. Rick Staples, D-Knoxville, and Rep. Steve Dickerson, R-Nashville, introduced House Bill 1, dubbed the “Tennessee Sports Gaming Act,” to the Tennessee General Assembly in an effort to capture dollars being wagered through illegal channels or at casinos in neighboring states.34 Initially, Tennessee was considered a dark horse in the race for sports gambling legalization because of practical and political obstacles.35 Unlike other states to legalize sports gambling, Tennessee does not have any racetracks or brick-and-mortar casinos. Therefore, the initial proposal envisioned roughly 50 retail sports betting locations around the state, none of which were previously affiliated with gambling.36 On the political front, skeptics pointed to a state constitution that prohibited lotteries (and arguably sports betting) and a state governor openly opposed to state-sanctioned gambling.

As the bill gathered bipartisan support, these challenges began to subside. Tennessee Attorney General Herbert Slatery issued an opinion that distinguished sports betting from the chance-based activities forbidden by the state constitution.37 More importantly, Gov. Bill Lee clarified that his opposition to gambling expansion was not a dealbreaker. A Lee spokesperson reported that the governor was willing to “work with lawmakers to improve a bill that impacts the state’s economic and social health, even if it’s not something we plan to support.”38

The governor’s involvement led to significant changes to the bill. House amendments wiped brick-and-mortar sportsbooks out of the proposal and replaced them with an entirely online sports betting platform.39 Instead of creating an independent gaming commission responsible for oversight, the bill allocated that authority to the Tennessee Lottery Commission.40 To maximize the state’s cut of gaming revenues, the annual license fee was increased from $7,500 to $750,000, and the proposed 10% tax was doubled to 20%, and then increased again to 22.5%.41

After passing in the Senate and House of Representatives, the bill landed on the governor’s desk, where it became law without his signature on May 24, 2019. The state will begin accepting wagers on July 1. An amended fiscal note projects the legislation to generate more than $50 million in annual revenue — $40.7 million distributed to the lottery fund for education, $7.6 million allocated for local governments’ infrastructure projects, and $2.5 million reserved for gambling addiction services.42 Other reports suggest that this estimate is on the conservative side.43

No Casinos, No Problem

Tennessee’s online sports betting format is the first of its kind. At some level, online sports betting without ties to brick-and-mortar sportsbooks within the state keeps the tangible aspects of legalization in check, as Tennessee will remain a casino-less jurisdiction. The online format also includes advantages rarely seen in land-based establishments, such as sign-up and reload bonuses, referral credits, expanded betting options, VIP programs, and, of course, the luxury of not waiting in line. At the same time, an exclusively online platform could limit the ancillary benefits tied to a physical gaming presence. In 2017, more than 12 percent of total gaming industry spending was attributable to money spent on hotels, restaurants, entertainment and other third-party businesses.44 During committee hearings, critics of House Bill 1 stressed that an entirely online platform, coupled with a $750,000 annual licensing fee, would preclude local businesses from incorporating sports betting into their retail operations.45

Nevertheless, an online platform that excludes brick-and-mortar sportsbooks has more economic upside than a brick-and-mortar operation that excludes an online component. Digital sportsbooks are an unexplored novelty in states like Mississippi and Arkansas, which do not permit online wagering and are unlikely to expand their operations in the near future.46 However, the significance of the online sports betting market is undeniable. In March, bettors in Mississippi wagered $35 million at retail sportsbooks. In that same month, bettors in New Jersey wagered more than 10 times that amount ($372 million) on sports, and nearly 80 percent of those wagers were placed on a mobile device or computer.47

So, what will sports betting look like in Tennessee? Online operations will come courtesy of industry heavy hitters, such as MGM, FanDuel, DraftKings and William Hill, which — other than through advertising and marketing — will not maintain a physical presence within the state. The sites will use geo-fencing to ensure that bettors are within the state of Tennessee and a verification process to ensure that bettors are at least 21 years old. The intrastate nature of Tennessee’s gaming presence will likely stem from partnerships between casino operators and professional sports organizations.

After the repeal of PASPA, the MLB, the NHL, the NBA and the NFL each struck deals with official casino partners, and individual sports teams also sought out gaming partnerships.48 The New Jersey Devils teamed up with bookmaker William Hill to create a sports betting lounge at Prudential Center.49 Several NFL teams, including the Raiders, the Jets, the Ravens, and the Cowboys inked exclusive partnership deals with casino sponsors, which encompass advertising, predictive gaming and fan engagement.50

As Tennessee transitions into the sports gambling market, new avenues of collaboration are fair game. Look for the Titans, Grizzlies, Predators, and/or their respective venues — Nissan Stadium, Fed-Ex Forum, and Bridgestone Arena — to designate official gaming partners in Tennessee’s distinct sports market.

The College Prop Ban

Gaming partnerships are not likely to extend into Tennessee’s college sports market. The Tennessee Sports Gaming Act explicitly prohibits bets on “[i]ndividual actions, events, statistics, occurrences, or nonoccurrences to be determined during a collegiate sporting event.”51 In other words, bets on individual performance — better known as “prop bets” — of college athletes are off limits. For example, Tennessee bettors will be unable to bet on the number of yards a player will have in a given game, whether or not a specific player will throw an interception, or who will win the Heisman Trophy.

The University of Tennessee and Vanderbilt University specifically requested that the legislation include this limitation as a means to protect confidential information related to college athletes.52 University of Tennessee Director of Policy Analysis Josh Warren explained that sports gambling raises concerns for college programs that professional teams do not face, such as the vulnerability of unpaid student athletes.53

Although the concept of collegiate restrictions is not unique to the American sports gambling market, the scope of Tennessee’s prohibition is. Unlike New Jersey, which bans bets on colleges located within the state, Tennessee’s ban applies to all colleges.

The Official League Data Mandate

Tennessee is also the first state to mandate that sportsbook operators use “official league data” for settling in-play wagers.54 Under the Tennessee Sports Gaming Act, data is deemed “official” when “obtained pursuant to an agreement with the relevant governing body of a sport or sports league, organization, or association, or an entity expressly authorized by such governing body.”55

The mandate has prompted industry outcry, with at least one major gaming publication labeling it “an unwelcome first for U.S. sports betting.”56 Of the eight states where sports betting is legal, none mandates the use of official data. Certainly, leagues have a right to seek fair compensation for offering sportsbooks access to their official data feeds, but analysists fear that statutorily requiring its use grants too much discretion to sports leagues to restrict the marketplace, monetize stats, and boost their bottom line.57 Already, the designation of authorized data distributors has resulted in league demands for an additional “royalty fee” of 0.25 percent of in-game handle.58

Previously, the NBA and MLB were unsuccessful in lobbying for an “integrity fee” — a percentage of gaming handle paid to sports leagues to monitor the “integrity of the game” as sports betting becomes more prevalent in the United States.59 Tennessee’s official data mandate indicates that the leagues — primarily the NBA and MLB — are employing a new approach to acquiring an off-the-top cut of sports betting revenue.  

Conclusion: Call It Progress 

A transparent, regulated sports-betting market is rapidly taking shape in America. The Tennessee General Assembly passed sports gambling legislation in order to better the state. In doing so, it acted with the express authority of the United States Supreme Court, which recognized that “[t]he legalization of sports gambling requires an important policy choice, but the choice is not ours to make.”60

While the Tennessee Sports Gaming Act has earned its fair share of criticism, it represents a compromise necessitated by change. In many ways, Tennessee represents the quintessential shift from traditional resistance to pragmatic acceptance — from a southern state without casinos or racetracks to a pioneer of contemporary betting culture. As a gambler might say, the real suckers are those who sit on the side. Or, in the words of journalist Eric Ramsey: “Sports betting is the new frontier for gambling, a figurative gold rush rivaling the bygone days of westward expansion in the U.S. As was the case for indecisive settlers, those who haven’t yet started the journey have already lost the race to a group of ambitious trailblazers.”61 Tennessee has started the journey, and I’ll bet that it does not lose the race.

Alex Hall is an associate attorney at Shuttleworth PLLC in Memphis, where he practices in the areas of civil litigation, contract law, intellectual property and sports gaming law. A graduate of the University of Memphis Cecil C. Humphreys School of Law, he has more than a decade of experience in the sports gambling industry. Hall has worked with the Los Angeles Dodgers in developing investments in the gambling and fantasy sports space, and he regularly advises sportsbooks and digital startups on issues related to gambling laws and compliance. In addition to being a featured speaker at continuing legal education programs on sports gaming law, he has contributed to various international publications covering sports betting, including Sports Handle and The Wall Street Journal. He can be contacted at ahall@swlawpllc.com.

1. Bill King, “No. 1 – The American Sports Gambler,” Sports Business Journal, Dec. 17, 2018, https://www.sportsbusinessdaily.com/Journal/Issues/2018/12/17/Most-Influential/Intro1.aspx; David Purdum, “The ‘American Sports Gambler’ beats out Adam Silver, Roger Goodell in ‘18 rankings,” ESPN, Dec. 17, 2018 12:06 p.m. ET.
2. David Purdum, “‘American Sports Gambler’ beats out Adam Silver, Roger Goodell in ‘18 rankings,” ESPN, Dec. 17, 2018, 1:06 p.m. ET, https://abcnews.go.com/Sports/american-sports-
3. See, e.g., the Wire Act, 18 U.S.C. § 1084; the Travel Act, 18 U.S.C. § 1952; the Interstate Transportation of Wagering Paraphernalia Act, 18 U.S.C. § 1953; the Sports Bribery Act, 18 U.S.C. § 224; Illegal Gambling Business Act, 18 U.S.C. § 1955; the Unlawful Internet Gambling Enforcement Act of 2006, 31 U.S.C. § 5361-5367.
4. Justin Fielkow, Daniel Werly and Andrew Sensi, “Tackling PASPA: The Past, Present and Future of Sports Gambling in America,” 66 DePaul L. Rev. 23, 27 (2017).
5. Brett Smiley, “A History of Sports Betting in the United States: Gambling Laws and Outlaws,” Sports Handle (updated Mar. 6, 2019) https://sportshandle.com/gambling-laws-legislation-
united-states-history/ (tracking the historical “tug of war” between gambling legislation and acceptance in society from the 20th century to present).
6. David Purdum and Ryan Rodenberg, “NFL’s evolving stance on sports betting and Las Vegas,” ESPN, May 14, 2018, http://www.espn.com/chalk/story/_/id/19015998/nfl-oral-history-nfl-changing-stance-gambling-las-vegas.
7. Cong. Rec., S. Rep. No. 102-248, at 12974 (June 2, 1992).
8. 28 U.S.C. §§ 3701-3704.
9. 28 U.S.C. § 3704(a)(1)-(2); Julian Morris and Guy Bentley, A Good Bet Gone Bad: How the Professional and Amateur Sports Protection Act Harms Consumers, States and Sports, 15 (2017).
10. National Gambling Impact Study Commission Report, 2-14 (1999) available at https://govinfo.library.unt.edu/ngisc/reports/2.pdf.
11. Rick Maese and Emily Guskin, “Poll: For first time, majority of Americans approve of legalizing sports betting,” Washington Post, Sep. 26, 2017, https://www.washingtonpost.com/sports/poll-for-first-time-majority-of-americans-approve-of-legalizing-sports-betting/2017/09/26/a18b97ca-a226-11e7-b14f-f41773cd5a14_story.html?utm_term=.4386932d3817.
12. Justin Fielkow, Daniel Werly and Andrew Sensi, “Tackling PASPA: The Past, Present and Future of Sports Gambling in America,” 66 DePaul L. Rev. 23, 23 (2017); Jeff Desjardins, “America’s Multi-Billion Dollar Sports Betting Industry,” Visual Capitalist, July 18, 2016, https://www.visualcapitalist.com/americas-multi-billion-
13. Id.
14. New Jersey’s efforts to legalize sports betting are encompassed primarily by three cases: Interactive Media Entm’t and Gaming Ass’n Inc. v. Atty. Gen. of the United States, D.C. No. 3-07-cv-02625 (2009); NCAA v. Governor of N. J., 730 F.3d 208 (3d Cir. 2013) (“Christie I”); and NCAA v. Gov. of N.J., 799 F.3d 259 (3d Cir. 2015) (“Christie II”).
15. NCAA v. Christie, 926 F. Supp. 2d 551 (D.N.J. 2012)
16. NCAA v. Governor of N.J., 730 F.3d 208 (3d Cir. 2013); cert. denied, 134 S. Ct. 2866 (2014).
17. NCAA v. Christie, 61 F. Supp. 3d 488 (D.N.J. 2014).
18. NCAA v. Governor of N.J., 832 F.3d 389 (3d Cir. 2016); cert. granted, Christie v. NCAA, 137 S. Ct. 2327 (2017).
19. 138 S. Ct. 1461 (2018).
20. Murphy v. NCAA, 138 S. Ct. 1461 (2018) (citing Printz v. United States, 521 U.S. 898, 912, 935 (1997)).
21. Transcript of Oral Argument at 35, Murphy v. NCAA, 138 S. Ct. 1461, Dec. 4, 2017 (Nos. 16-476, 16-477).
22. Transcript of Oral Argument at 40, Murphy v. NCAA, 138 S. Ct. 1461, Dec. 4, 2017 (Nos. 16-476, 16-477).
23. Murphy, 138 S. Ct. at 1475.
24. Chun v. New York, 807 F. Supp. 288, 292 (S.D.N.Y. 1992) (“Gambling is primarily a matter of state concern”). See also Illegal Gambling Businesses Act, 18 U.S.C. 1955 (applicable only where activity is illegal under state law); 15 U.S.C. § 3001 (a)(1) (finding that “the States should have the primary responsibility for determining what forms of gambling may legally take place within their borders”).
25. Ryan Rodenberg, “Handicapping when SCOTUS will rule on NJ betting case,” ESPN, Feb. 7, 2018, http://www.espn.com/chalk/story/
26. Darren Heitner, “How Legalized Sports Betting Could Bring in $6.03 Billion Annually by 2023,” Forbes, Sep. 27, 2017 at 7:30 a.m., https://www.forbes.com/sites/darrenheitner/2017/09/27/how-legalized-sports-betting-could-bring-in-6-03-billion-annually-by-2023/#5f251b079ecb.
27. John T. Holden, “Prohibitive Failure: The Demise of the Ban on Sports Betting, “35 Ga. St. U. L. Rev. 329, 384 (2019).
28. Eric Ramsey, “Sports Betting Legislative Lasso: Who’s Next After Montana,” Legal Sports Report, May 6, 2019, 01:05 PDT,  https://www.legalsportsreport.com/32125/sports-betting-
29. John T. Holden, “Prohibitive Failure: The Demise of the Ban on Sports Betting,” 35 Ga. St. U. L. Rev. 329, 370 (2019); John Wertheim, “Will Legalized Sports Betting Curtail Corruption or Encourage It?” 60 Minutes, March 24, 2019.
30. “Sports Betting Revenue by State in 2019,” The Lines (last visited Apr. 16, 2019, https://www.thelines.com/betting/revenue).
31. Ryan Rodenberg, “State-by-state sports betting bill tracker,” ESPN, May 9, 2019, http://www.espn.com/chalk/story/_/id/19740480/gambling-sports-betting-bill-tracker-all-50-states.
32. Ryan Rodenberg, “State-by-state sports betting bill tracker, “ESPN, March 12, 2019, http://www.espn.com/chalk/story/_/id/19740480/gambling-sports-betting-bill-tracker-all-50-states; “Legislative Tracker: Sports Betting,” Legal Sports Report (last visited April 12, 2019, https://www.legalsportsreport.com/sportsbetting-bill-tracker).
33. Dustin Gouker, “First Arkansas Sportsbook Is ‘Coming Soon’ to West Memphis,” Legal Sports Report, March 12, 2019, https://www.
34. HOUSE BILL 1, AN ACT to amend Tennessee Code Annotated, Title 4; Title 14; Title 38; Title 39, Chapter 17, Part 5; Title 47, Chapter 18; Title 49 and Title 67, relative to the Tennessee Sports Gaming Act, introduced Nov. 7, 2018, http://www.capitol.tn.gov/Bills/111/Bill/HB0001.pdf.
35. Brett Smiley, “The Power 15: Ranking States in Order of Their Odds of Legalizing Sports Betting in 2019,” Sports Handle, Dec. 8, 2018, (ranking 11 other states more likely to pass sports betting legislation than Tennessee).
36. Brian Pempus, “Tennessee House Approves Sports Betting Bill, Sending to Senate,” U.S. Bets, Apr. 24, 2019, https://www.usbets.com/tennessee-sports-betting-bill-clears-house.
37. Tenn. Att’y Gen. Op. (Dec. 14, 2018).
38. Chris Bundgaard, “Tennessee sports betting bill getting makeover with touches from the top,” WKRN, March 12, 2019, 04:27 p.m. CDT, https://www.wkrn.com/news/tn-sports-betting-bill-getting-makeover-with-touches-from-the-top/1843684453.
39. House State Committee 1, Amendment No. 1 to HB0001, p. 18, http://www.capitol.tn.gov/Bills/111/Amend/HA0319.pdf.
40. HOUSE BILL 1, AN ACT to amend Tennessee Code Annotated, Title 4; Title 14; Title 38; Title 39, Chapter 17, Part 5; Title 47, Chapter 18; Title 49 and Title 67, relative to the Tennessee Sports Gaming Act, introduced Nov. 7, 2018, http://www.capitol.tn.gov/Bills/111/Bill/HB0001.pdf.
41. House State Committee 1, Amendment No. 1 to HB0001, p. 5, http://www.capitol.tn.gov/Bills/111/Amend/HA0319.pdf.; House Finance, Ways, and Means Committee 1, Amendment No. 2 to HB0001, http://www.capitol.tn.gov/Bills/111/Amend/HA0436.pdf.
42. Tenn. Gen. Assembly Fiscal Review Comm., Corrected Fiscal Memorandum, HB 1 - SB 16, pp.5-6, Apr. 17, 2019, http://www.capitol.tn.gov/Bills/111/Fiscal/FM1375.pdf.
43. Oxford Econs., “Economic Impact of Legalized Sports Betting” 35-36 (2017) https://www.americangaming.org/wp-content/
Betting-Economic-Impact-Report1-1.pdf (estimating gaming revenue to exceed $150 million in a developed Tennessee market).
44. Oxford Econs., “Economic Impact of the U.S. Gaming Industry” 8 (2018) https://www.americangaming.org/wp-content/uploads/
45. Testimony of Stuart Scott at State and Rep. Jason Powell, Committee Hearing, Tenn. Gen. Assembly, March 26, 2019, http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0001&ga=111; click “Video.”
46. “Online Sports Betting Laws in Arkansas,”  Best of Arkansas Sports, April 18, 2019, http://www.bestofarkansassports.com/online-sports-
betting-laws-in-arkansas; John T. Holden, “Prohibitive Failure: The Demise of the Ban on Sports Betting,” 35 Ga. St. U. L. Rev. 329, 371 (2019).
47. Brett Smiley, “Iowa, Indiana, Tennessee Move Closer to Legal Sports Betting,” Sports Handle, April 23, 2019, https://sportshandle.com/iowa-indiana-tennessee-legal-sports-betting/.
48. “U.S. Sportsbook and Casino Team Sponsorship Tracker,” Legal Sports Report, updated Mar.ch 28, 2019, https://www.legalsportsreport.com/sports-betting-deals/.
49. Id.
50. Id.
51. House State Committee 1, Amendment No. 1 to HB0001, p. 13, http://www.capitol.tn.gov/Bills/111/Amend/HA0319.pdf.
52. Adam Candee, “Tennessee Rep Says He’s Not a Sports Betting Expert, Then Volunteers Unprecedented College Ban,” Legal Sports Report, April 11, 2019, 09:42 PDT, https://www.
53. Associated Press, “University of Tennessee has concerns on sports betting bill,” WKRN, March 13, 2019, 3:45 p.m., https://www.wkrn.com/news/tennessee-news/university-of-tennessee-has-concerns-on-sports-betting-bill-1/1846290195.
54. House State Committee 1, Amendment No. 1 to HB0001, p. 15 (Tenn. Code Ann. § 4-51-316(a)) http://www.capitol.tn.gov/Bills/111/Amend/HA0319.pdf.
55. Id at 3 (Tenn. Code Ann. § 4-51-302 (17)), http://www.capitol.tn.gov/Bills/111/Amend/HA0319.pdf.
56. Eric Ramsey, “Sports Betting Legislative Lasso: Three States Knocking at the Door,” Legal Sports Report, Apr. 28, 2019, 18:10 PDT, https://www.legalsportsreport.com/31723/sports-betting-bills-april-29.
57. Eric Ramsey, “Tennessee Senate Votes Yes on Sports Betting; Bill One Step from Governor’s Desk,” Legal Sports Report, April 30, 2019, 09:14 PDT, https://www.legalsportsreport.com/31794/tennessee-sports-betting-passes-senate.
58. NBA, “NBA announces first betting-data partnerships in U.S. with Sportradar,” Genius Sports, Nov. 28, 2018, 11 a.m. ET, https://www.nba.com/article/2018/11/28/nba-sportradar-
genius-sports-partnership-official-release; Matt Rybaltowski, “Shakedown Fees: NBA, MLB Demanding Nevada Sportsbooks Pay More or Get Cut Off,” Sports Handle, May 2, 2019, https://sportshandle.com/nba-mlb-demands-data-fee-
59. Matt Bonesteel, “Sports gambling ‘integrity fee’ supporters are not doing themselves any favors,” Washington Post, May 22, 2018, https://www.washingtonpost.com/news/early-lead/wp/2018/05/22/sports-gambling-integrity-fee-supporters-are-not-doing-themselves-any-
60. Murphy v. NCAA, 138 S. Ct. 1461, 1484 (2018).
61. Eric Ramsay, “Sports Betting Legislative Lasso: Louisiana, Oregon on the Trail to Legalization,” Legal Sports Report, April 1, 2019.