There are so many illegal, online gambling platforms that there are websites that exist to track all the different odds so gamblers can find wagers with the highest return. All these wagers being placed in the United States – including within the state of Alabama – are being placed untaxed. MONTGOMERY, Ala. — The leader of an interdenominational organization that lobbies the Alabama legislature on behalf of the Christian community issued a stern warning on Tuesday: “Illegal gambling. The legal gambling age in Alabama ranges from 18 to 21 years old and players from Alabama are advised to obey this. Most legal online casino sites allow 18 years old Alabama players. Despite the different age limitations, the state of Alabama has not particularly laid any rules which stop its citizens from gambling at online casinos. Gambling facilities operating outside the state laws are still illegal. Help with Problem Gambling: If you or a loved one has a gambling problem, you may want to call the confidential National Problem Gambling Helpline at 1-800-522-4700 to talk about it. The helpline is available 24/7. Getting Legal Help. It filed separate lawsuits in 2017 asking courts to declare that the casinos, located east and west of Montgomery, were public nuisances because they promoted illegal gambling. The suits can now.
Daily fantasy sports is coming back to Alabama.
More than three years after DFS was declared to be illegal gambling by the state’s attorney general, companies like DraftKings and FanDuel are getting ready to re-enter the market.
Gov. Kay Ivey signed the bill into law, as first reported by Bloomberg Tax. That came after the legislature passed the bill in May. Bills had failed to reach the finish line in each of the past three years.
But this year was different, as bills passed both chambers by overwhelming margins.
DFS operators stopped taking customers in the state in 2016 after the attorney general opinion, and have not returned since.
Neither DraftKings nor FanDuel could offer a timeline for a return to Alabama other their intent to do so. FantasyDraft also indicated it would return to Alabama when able.
A FanDuel spokesperson offered this statement, however:
We are excited to bring FanDuel Daily Fantasy Sports to the great people of Alabama. We would like to thank Rep. Kyle South, who fought tirelessly to bring fantasy sports back to Alabama. We also are grateful for the support from Speaker McCutcheon, Sen. Del Marsh, and Sen. Tom Whatley. We are working hard to bring our fantasy sports products to Alabama residents and we will have more details very soon.
It’s the second state that has recently reversed course on fantasy sports. Last month, Iowa enacted a sports betting billthat also legalized DFS. All daily fantasy sports companies have stayed out of Iowa because of how existing laws were written, not because of any action taken against DFS.
Once both those states go live — along with most of Louisiana — the number of states that do not have DFS will be reduced to just six:
Interestingly, both DraftKings and FanDuel have both added sports gambling to their portfolio of offerings in the past year.
Several states still have negative opinions regarding paid-entry fantasy sports — including Texas, Illinois and Florida — with no new DFS law to make them entirely moot. DraftKings, FanDuel and most other operators still serve all three states.
An Overview of Gambling Laws in the State Of Alabama
Alabama has seen religious elements and progressives clash over the subject of gambling for many years. The State constitution has a very wide definition of gambling, and as with most States it bans it all – the difference here is that there are very few exemptions. There are harsh penalties, which get worse on Sundays! Over the years there have been carve-outs for dog and horse racing, and for bingo and slots at tribal casinos. Many Alabamians cross over to Mississippi casinos instead – giving a massive boost to the State coffers of that State. This page covers Alabama gambling laws in depth.
First below you will find a quick-fire history, which will give you an overview and flavor of gambling in Alabama – right up to the present day. After that a game-by-game guide to what is currently legal or banned can be found – followed by a timeline of the legislation controls gambling in this State. At the end of this page you will find a quick summary of the present situation and a look into the possible scenarios for the future.
Alabama shares a lot of colorful gambling history with its neighbor Mississippi. The Steam boat casinos with their card-sharps and other shady characters would have been an amazing experience more than a century ago. Unlike Mississippi, who embraced gambling and now receives substantial revenues from casinos – Alabama has gone the conservative route, and almost all gambling games are illegal in this state.
The 1901 State constitution sets the tone. This defines gambling as any game for financial gain with an element of chance. This means that even games of skill are outlawed if there is an element of chance involved. Poker is the obvious ‘victim’ of this loose interpretation.
Greyhound and horse racing did get an exemption from this definition of gambling. The argument goes that this is entirely based on the skill of both the animal and jockey, and so not a game of chance. Pari-mutuel betting can take place on-track and the races can be enjoyed on TV.
There are tribal casinos in Alabama, though these are heavily restricted in terms of the games they are allowed to offer. There are no table games at all, only slots and bingo-type games. There was a later attempt to introduce electronic bingo games. These were allowed and then quickly withdrawn when a Supreme Court ruling judged them to be covered by that 1901 definition.
The status-quo in Alabama is that gambling remains banned, and those who like to gamble either go to offshore online sites (which are not explicitly illegal, though assumed to be covered by the 1901 act), or hop over the Mississippi. This keeps the religious majority in this State happy – and does give some avenues for those who enjoy gambling.
Here is a quick run through of the different gambling formats, including a note on whether they are currently legal according to Alabama law.
Casino Games: No, there are tribal casinos, however these are limited to class 2 slots and bingo games. Casino table games are not legal under Alabama law. Crossing the Mississippi to gamble in their casinos where these games are feely available is very popular.
Online Casinos: No, again there are no laws relating to the online component, though casino gambling is banned and those laws are assumed to cover the internet too.
Live Poker: No, there is no distinction in the laws of this state between poker and other table games like Blackjack. You can play home-games or ‘social poker games’, which are defined as games between friends where the house or organizer takes no profit or rake. The ‘social’ defense has been used in court, though the understanding of residents is that these games are best kept between friends and not widely advertised.
Online Poker: No, there are no specific laws banning online poker. Poker is not seen as a skill game under the definition of gambling games in this state. Any game with some element of chance is considered gambling. There are no indications that Alabama will regulate online poker games any time soon.
Sports Betting: Yes, you can bet on greyhound racing and horse racing at several tracks in Alabama. This form of gambling was exempted from the 1901 laws as a game of skill in 1971. Gambling is via pari-mutuel pools and can be watched on TV.
Lottery Betting: No, there is no State lottery in Alabama, and this State does not participate in any national schemes.
Bingo: Yes, bingo exists at Indian Casinos, though there are currently legal battles going on covering electronic bingo machines. Bingo and raffle games are also legal under charitable gambling laws, under strict license and conditions.
During Civil War times there were lotteries running which included neighboring Southern States. These ended in acrimony, with Louisiana leaving the deal under protest. The current legal situation in Alabama all comes from the State’s constitution enacted in 1901. It is this which paints the broad definition of gambling – and everything since then has revolved around carve-outs or crack-downs based on this initial legal document. Here is the timeline of events.
1901: Alabama State constitution bans all forms of gambling with wording broad enough to encompass just about every game you can think of.
“…stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence…” (From 13A-12-20)
Over the years this definition has been interpreted as covering any game with even an element of chance. For example, some people argue that poker is a game of skill, however since the turning of cards is a chance factor – this is considered gambling under Alabama law.
1971: Pari-Mutuel betting at greyhound racing and horse racing tracks is ruled Legal by the Supreme Court. This is overseen by the Alabama Racing Commission – and has since been extended to betting on televised live races.
1980: Charitable bingo gambling begins.
1988: Casinos are made legal on tribal territories within Alabama by the Federal Indian Gaming Regulatory Act. These casinos are restricted to slot machines and some type of Bingo games. This leads to the opening of 3 tribal casinos in this State – though most residents simply travel to Mississippi to enjoy the table games which are still banned under Alabaman law.
In more recent years there have been attempts to restart a State lottery, to have electronic bingo machines in the current casinos and a crack-down on video poker machines. While these have been debated in the courts and State government – each time the 1901 law has stood up. As far as gambling is concerned, if there is an element of chance – then it is banned.
One bright note for Alabamans, there has so far been no individual indicted for enjoying gambling online – nor any debate on this by the State government.
Every time a change to the laws or an exclusion from them has been attempted – the 1901 wording has prevailed. With the sole exception of dog and horse racing, gambling looks like it will remain limited in Alabama for the foreseeable future. I do not see this State regulating online poker at any point in the future.
Alabama Racing Commissions
Interesting Timeline
Statutes