In your eloquent and well-reasoned cease-and-desist letter to DraftKings dated Nov. 10, 2015, you conclude that “Daily Fantasy Sports” is a form of illegal gambling under New York law. Specifically, you assert that “DraftKings has promoted … DFS [Daily Fantasy Sports] like a lottery” and that DFS is dangerous because of “the quick rate of play, the large jackpots, and the false perception that it is eminently winnable.” Accordingly, you “demand DraftKings cease and desist from illegally accepting wagers in New York State as part of its DFS contests.”
We write to commend your public service and your tireless efforts to protect
the good citizens of New York from gambling the New York Lottery from unfair competition. After all, New Yorkers already have a wide variety of attractive [and legal] options for gambling at their ready disposal (the aforementioned New York Lottery). Moreover, the New York Lottery is certainly not as dangerous to the public as Daily Fantasy Sports are. Even though the New York Lottery (like DFS) offers substantial jackpots and creates false perceptions (see image below), it is operated by the state, so that’s okay. In short, unlike the crass commercial motives of the greedy and evil owners of DraftKings, the motives of the New York Lottery are pure and benevolent.
Again, thank you for protecting the citizens of New York and the New York Lottery from competition.