Fantasy sports leagues have swept the nation and have become a favorite pastime for millions of Americans. For a large portion of fantasy participants, the experience is shared with an intimate group and provides a means for maintaining relationships after ways have been parted. College and high school friends are able to stay connected in a fun and competitive way. For providers, fantasy sports leagues provide a profitable business opportunity in a thriving market. Florida's position of regulation, articulated by an Attorney General's advisory opinion that has never been challenged or refuted, unreasonably attacks these intimate associations. By this assumed position, the state of Florida has postured itself as a state involved in the practice of arbitrarily and capriciously exercising its police powers upon its citizens. A substantive due process challenge brought by participants with good standing would likely succeed either because the state interference infringed upon the fundamental liberty of social association or more likely because the interference with the economic liberty was arbitrary and capricious.
Neville F. Dastoor,
The Reality of Fantasy: Addressing the Viability of a Substantive Due Process Attack on Florida's Purported Stance Against Participation in Fantasy Sports Leagues that Involve the Exchange of Money,
6 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol6/iss1/16