Baseball Fans vs. Charles Humphrey
Mike Popelka
Baseball lost boatloads of fans in the mid 1990's. An avid follower of the game up until that time, I found that beer, girls, and the '94 strike diverted much of my attention from the game. Whether steroid fueled or not, the 1998 baseball season won me back along with many of my friends. Our rediscovered excitement for professional baseball manifested itself in the formation of the Paradise City League, an online fantasy baseball league.
Some folks play fantasy baseball to win money. We, however, play for bragging rights and a homemade trophy consisting of Simpsons figurines and Guns n Roses in-jokes. Unfortunately online fantasy baseball has a chance of being categorized as a form of gambling if the efforts of Colorado lawyer Charles Humphrey are successful. Humphrey recently filed a complaint to the New Jersey courts claiming that fantasy sports are a form of gambling and therefore illegal in many states. Getting the court to agree with Humphrey's definition of what constitutes gambling is crucial to his case.
Defining gambling is tricky, though. Generally a game of chance is considered gambling, but a game of skill is not. Humphrey's argument is that fantasy sports are more chance than skill. The problem with any sport, including the fantasy kind, is that they are games of both chance and skill. Yes, if Jeff Kent injures himself "washing his truck" that's really bad luck for his real life team and his fantasy team. On the contrary, if someone discovered the hot rookie or fireballing closer no one else in the league knew about, that's good research--or skill. I feel that my fantasy team does so poorly mostly because of bad executive decisions. Sure, sometimes my whole lineup is injured, but that's what I get when I choose to ignore the research and draft Ken Griffey Jr. year after year.
The reasons for this lawsuit boil down to one thing: financial gain for the plaintiff (Humphrey himself). Section 2A 40-6 of a New Jersey gambling law will allow Humphrey to take one-half of all the profits of online fantasy baseball companies if courts determine online sports to be illegal. The other half, interestingly enough, would go to the state of New Jersey. Each party would get millions and millions of dollars in this settlement. I know, I know-- if Humphrey is a Colorado lawyer, why is he filing suit in New Jersey? That's where the money is, as he all but admits in a recent story on NPR's All Things Considered.
Humphrey's lawsuit has the potential to set an unwelcome precedent. If fantasy sports are considered gambling, then we'll have to push other things under the umbrella of illicit gaming. No more golf tournaments with a $40 entry fee and prize money for the winners-- the worst golfer could have a lucky day and beat some guys with better skills. Forget about paying money to participate in a Dungeons and Dragons tournament, either. Rolling the dice to see if your knight cuts up an elf is totally based on chance, and therefore illegal gambling.
I am afraid that both the fantasy leagues where participants pay for statistics services and leagues where huge cash prizes can be won will be lumped together despite their inherent differences. I play fantasy baseball because it's fun, it helps me follow baseball, it gives me something to argue about with my friends, and it gives me reasons to watch Diamondbacks/Pirates games. My intentions are about as far away from gambling as can be, yet I'm in danger of losing my hobby.
I really hope that Humphrey never sees a penny from this lawsuit, especially since, according to his official complaint, "Charles E. Humphrey. . . has not engaged in any of the gambling activities described herein." He apparently doesn't even play fantasy baseball. If he wins his lawsuit, I hope that all he receives is a bunch of homemade trophies from fantasy sports aficionados. Well, he can split them with the government anyway.
Baseball lost boatloads of fans in the mid 1990's. An avid follower of the game up until that time, I found that beer, girls, and the '94 strike diverted much of my attention from the game. Whether steroid fueled or not, the 1998 baseball season won me back along with many of my friends. Our rediscovered excitement for professional baseball manifested itself in the formation of the Paradise City League, an online fantasy baseball league.
Some folks play fantasy baseball to win money. We, however, play for bragging rights and a homemade trophy consisting of Simpsons figurines and Guns n Roses in-jokes. Unfortunately online fantasy baseball has a chance of being categorized as a form of gambling if the efforts of Colorado lawyer Charles Humphrey are successful. Humphrey recently filed a complaint to the New Jersey courts claiming that fantasy sports are a form of gambling and therefore illegal in many states. Getting the court to agree with Humphrey's definition of what constitutes gambling is crucial to his case.
Defining gambling is tricky, though. Generally a game of chance is considered gambling, but a game of skill is not. Humphrey's argument is that fantasy sports are more chance than skill. The problem with any sport, including the fantasy kind, is that they are games of both chance and skill. Yes, if Jeff Kent injures himself "washing his truck" that's really bad luck for his real life team and his fantasy team. On the contrary, if someone discovered the hot rookie or fireballing closer no one else in the league knew about, that's good research--or skill. I feel that my fantasy team does so poorly mostly because of bad executive decisions. Sure, sometimes my whole lineup is injured, but that's what I get when I choose to ignore the research and draft Ken Griffey Jr. year after year.
The reasons for this lawsuit boil down to one thing: financial gain for the plaintiff (Humphrey himself). Section 2A 40-6 of a New Jersey gambling law will allow Humphrey to take one-half of all the profits of online fantasy baseball companies if courts determine online sports to be illegal. The other half, interestingly enough, would go to the state of New Jersey. Each party would get millions and millions of dollars in this settlement. I know, I know-- if Humphrey is a Colorado lawyer, why is he filing suit in New Jersey? That's where the money is, as he all but admits in a recent story on NPR's All Things Considered.
Humphrey's lawsuit has the potential to set an unwelcome precedent. If fantasy sports are considered gambling, then we'll have to push other things under the umbrella of illicit gaming. No more golf tournaments with a $40 entry fee and prize money for the winners-- the worst golfer could have a lucky day and beat some guys with better skills. Forget about paying money to participate in a Dungeons and Dragons tournament, either. Rolling the dice to see if your knight cuts up an elf is totally based on chance, and therefore illegal gambling.
I am afraid that both the fantasy leagues where participants pay for statistics services and leagues where huge cash prizes can be won will be lumped together despite their inherent differences. I play fantasy baseball because it's fun, it helps me follow baseball, it gives me something to argue about with my friends, and it gives me reasons to watch Diamondbacks/Pirates games. My intentions are about as far away from gambling as can be, yet I'm in danger of losing my hobby.
I really hope that Humphrey never sees a penny from this lawsuit, especially since, according to his official complaint, "Charles E. Humphrey. . . has not engaged in any of the gambling activities described herein." He apparently doesn't even play fantasy baseball. If he wins his lawsuit, I hope that all he receives is a bunch of homemade trophies from fantasy sports aficionados. Well, he can split them with the government anyway.
posted by Mike P at 10:51 AM
1 Comments:
Thanks for the article - I was unaware of this jackass and his lawsuit.
I got four Paradise City League championships that say Fantasy Baseball is a game of skill. True, it may have only been the skill to draft Albert Pujols, but it's skill none the less.
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