You Might Be a Winner
        A blog from the attorneys of Verrill

        Gambling 101: The Vice That’s Getting More Nice

        by Robert Laplaca on April 28, 2022

        Gambling and more particularly the regulation of gambling has been part of the United States before we were even the United States. Societal standards and the need for revenue have largely shaped the history of legal gambling in the U.S. Risk taking and opportunism were part of the frontier spirit in the New World. In fact, the Jamestown settlement was funded by instant-win lotteries, and lottery proceeds in the original 13 colonies helped establish some of our earliest and most prestigious universities. Playing the lottery was thought of as a civic responsibility.

        Early Nineteenth century objections on moral and religious grounds led to a strong sentiment that people should behave in virtuous ways – meaning no gambling. But by the mid-1800s gambling resurfaced with the gold rush and the South’s need to generate revenue through lotteries to rebuild the war-ravaged region. But the rise of Victorian morality led to an end of legalized gambling.

        The great depression actually helped to change the country’s anti-gambling mood, as stimulating the economy bested moral concerns. By 1964 – after a 70-year hiatus – legal government-sponsored lotteries re-arose. In 1977, New Jersey legalized gambling in Atlantic City and in 1979 the Seminole tribe opened the first reservation-based commercial gambling. The 1990s brought riverboat casinos and legalized gambling in Detroit.

        Sports gambling (thanks to the Black Sox and later Pete Rose), however, was still a no-no when Congress passed the Professional and Amateur Sports Protection Act of 1992. But the Supremes deemed it unconstitutional for the federal government to prohibit states from legalizing gambling under state law. When Internet gambling arose, the Unlawful Internet Gambling Enforcement Act of 2006 soon followed. Today, basically states are free to allow whatever gambling they chose.

        For those of you trying to keep score:

        Important Federal Gambling Laws

        The Wire Act of 1961. By its terms this Act prohibits interstate bets or wagers “on any sporting event or contest.” In 2018, the U.S. Supreme Court confirmed that the Wire Act only applies to interstate gambling on sporting events.

        The Professional and Amateur Sports Protection Act of 1992 prohibited states from authorizing betting on sporting events, with certain exceptions. In 2018, the U.S. Supreme Court held that the statute was unconstitutional.

        The Illegal Gambling Business Act makes illegal gambling businesses illegal.

        The Interstate and Foreign Travel or Transportation in Aid of Racketeering Act makes interstate gambling illegal if it’s illegal under the underlying state law.

        The Wagering Paraphernalia Act makes it illegal to transport gambling paraphernalia across state lines, such as tickets, slips, tokens, etc.

        The Anti-Lottery Act makes it illegal to carry lottery tickets over state lines, unless legal in the applicable states.

        The Indian Gaming Regulatory Act of 1988 grants federally-recognized Native American tribes the exclusive right to regulate gambling on their lands.

        The Interstate Horseracing Act of 1978 prohibits interstate wagers on horseracing, unless lawful in the applicable states.

        The Unlawful Internet Gambling Enforcement Act of 2006 made it a federal crime to process financial transactions necessary for gambling to take place, provided again that the gambling is illegal under applicable state law. It also exempted fantasy sports competitions.

        State Law

        Generally, gambling is prohibited in a state, unless specifically authorized by that state. Here is a brief run down:

        Internet (Casino) Gambling: DE, NJ, PA, NV, MI, NV

        Sports Betting: Ark., CO, DE, DC, IL, IN, IO, LA, ME, MD, MI, MS, MT, NH, NJ, NM, NY, NC, OR, PA, RI, SD, TN, VA, WA, WV.

        Online Sports Betting: CO, DE, DC, IL, IN, IO, ME, MI, NV, NH, NJ, OR, PA, RI, TN, VA, WV (and likely soon LA, MA and MD).

        The iGaming industry was given an even bigger boost by the COVID lockdown. For now, gambling appears to be on an upswing. Will we see an end to “No Purchase Necessary”? Doubtful, but this vice is nice for the time being. Cue Religious Fundamentalist objections to re-set the rollercoaster.

        Please contact Robert Laplaca to answer any questions or provide additional information about this post.

        You Might Be a Winner

        Promotion and sweepstakes laws vary widely across the fifty states and under federal regulations, creating complex challenges for today’s innovative marketers. This blog explores the latest updates and trends in promotion and marketing law, offering practical insights to help brands stay compliant while pushing creative boundaries. We’ll also discuss noteworthy, questionable, and groundbreaking promotional campaigns to encourage thoughtful discussion among marketing and legal professionals.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...