A group of citizens filed a lawsuit with the New York State Supreme Court on Wednesday.
The lawsuit challenges Governor Andrew Cuomo and the state gaming commission’s decision to allow daily fantasy sports in New York.
Attorney Neil Murray, who filed the suit this morning, said using sites like DraftKings or FanDuel clearly qualifies as gambling activity, which is illegal under New York State’s Constitution.
“It’s a fantasy–pardon the pun for the legislature to attempt to redefine gambling to exclude something that clearly is gambling,” Murray said.
“I really think that this is a fraud perpetrated on the public, and it’s ludicrous for anybody to suggest that daily fantasy sports is anything other than gambling,” he said.
Murray has yet to hear a response from DraftKings or FanDuel and said that might take some time as they’re not mentioned as defendants.
In the past, representatives from the industry have argued that daily fantasy sports games are games of skill, not gambling or luck.
Murray argues that distinguishing between a game of skill and luck is not relevant as games like poker can be considered both and still qualify as gambling.