Underdog Fantasy recently filed an injunction against the California Attorney General from expressing his legal opinion on fantasy sports in California. Breaking news is that the court struck the request down, and the AG is free to announce his opinion.
Legal Strikeout
California Attorney General Rob Bonta has been asked to write his legal opinion on the legality of fantasy sports in his state, as the industry remains unlicensed. In preparation for a forthcoming opinion due to occur at any time, Underdog Fantasy filed an injunction prohibiting him from doing so.
Unfortunately for the fantasy sports operator, a Sacramento Superior Court judge has ruled against Underdog, thereby allowing Bonta to issue his opinion. The request for such an opinion was made by the legislature over a year ago.
“Petitioners had ample opportunity to raise such a challenge at any time after the Attorney General’s acceptance of the question posed by Senator Wilk in October 2023. The fact that Petitioners delayed filing this action does not constitute a basis for ex parte relief,” wrote Sacramento County Judge Jennifer K. Rockwell.
“Further, the Attorney General’s issuance of an opinion of pursuant to Government Code section 12519 does not effect any change in the law. (People v. Vallerga (1977) 67 Cal.App.3d 847, 870 [“the opinions of the California Attorney General are advisory only and do not carry the weight of law”].) Accordingly, Petitioners have not established that they will suffer any harm as a result of the issuance of Opinion No. 23-1001.
“The Ex Parte Application is denied. No hearing will be held.”
Business as Usual?
The judge explained that Bonta’s opinion will not directly affect the law, and further measures must be taken by the legislature to prevent the industry from operating in California.
“The court stated that the Attorney General’s forthcoming opinion on fantasy sports ‘does not affect any change in law,’ and does ‘not carry the weight of law,'” a spokesperson for Underdog Fantasy said in a statement. “As a result, the court explained that the protective relief we sought was not necessary. We thank the court for that clarity and look forward to continuing to offer our fantasy contests in California.”
Legal Dispute Over Bonta’s Authority
The basis for Underdog’s injunction goes to the fact that they believe Bonta is not well-versed in the fantasy sports industry, and his opinion expressed runs counter to the statute that allows such an opinion.
“Absent relief from this Court, Attorney General Rob Bonta will issue an opinion later this week that will decimate fantasy sports in California,” read the memorandum supporting the TRO request. “Attorney General Bonta should be enjoined from doing so, not because he is wrong in his views on the legality of fantasy sports—though he certainly is—but because by statute, the Attorney General can only issue opinions on questions of law and can only answer questions that relate to the duties of the official requesting the opinion.
“Neither is true here. Thus, Attorney General Bonta lacks authority to issue the opinion and should be enjoined from doing so.”
Should Attorney General Bonta opine that fantasy sports are not lawful in California, it would likely trigger bills to ban the industry from the state.
