Carveout Keeps Horse Racing Off Mass. Mobile Sports Betting Menu

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BOSTON (State House News Service) — For all of the events that can now be wagered on through the sports betting apps that recently launched in Massachusetts, horse racing -- which gets underway here next month and heats up with the Kentucky Derby in early May -- is not likely to be among them any time soon.

The Mass. Gaming Commission unanimously agreed Thursday that it cannot include horse racing in the sports wagering events catalog it approved earlier this year, though betting on horse races -- even via mobile devices -- remains legal and available in Massachusetts. The commission's regulations list horse racing among events specifically off limits for sports betting companies.

Betting on horse racing is authorized under its own discrete law and is allowed on live races (held only at Plainridge Park Casino in Plainville) and on races held elsewhere and simulcast at the track and former horse or dog tracks. The law also allowed advanced deposit wagering, in which bettors pre-fund accounts and can place wagers over the phone or online. But that same set of laws also "expressly criminalizes" managing, wagering or betting on dog and horse racing except as it specifically provides for, the commission's top lawyer said.

"That is just a further indication that wagering on racing was intended to be confined to this statutory construct," Gaming Commission General Counsel Todd Grossman said after recommending that commissioners vote to make clear that their regulatory prohibition is here to stay.

Massachusetts has different laws for betting on horse races and betting on sports or gambling at a casino. State law requires someone be at least 21 years old to bet on sports or play at a casino, but a person who is at least 18 years old is allowed to bet on horse races.

Over the years, lawmakers have extended the legal authority for horse racing and simulcasting for about one year at a time. For years, the Massachusetts Gaming Commission asked lawmakers to give serious consideration to giving it broader powers to regulate the racing industry and put an end to the one-year extensions. Some lawmakers have talked for years about putting together comprehensive legislation to update the racing and simulcasting laws, but nothing has ever gathered momentum.

Written by Colin A. Young/SHNS


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