U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 178— PROFESSIONAL AND AMATEUR SPORTS PROTECTION

28 U.S.C. § 3704

Applicability

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(a) Section 3702 shall not apply to—(1) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity, to the extent that the scheme was conducted by that State or other governmental entity at any time during the period beginning January 1, 1976, and ending August 31, 1990;(2) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity where both—(A) such scheme was authorized by a statute as in effect on October 2, 1991; and(B) a scheme described in section 3702 (other than one based on parimutuel animal racing or jai-alai games) actually was conducted in that State or other governmental entity at any time during the period beginning September 1, 1989, and ending October 2, 1991, pursuant to the law of that State or other governmental entity;(3) a betting, gambling, or wagering scheme, other than a lottery described in paragraph (1), conducted exclusively in casinos located in a municipality, but only to the extent that—(A) such scheme or a similar scheme was authorized, not later than one year after the effective date of this chapter, to be operated in that municipality; and(B) any commercial casino gaming scheme was in operation in such municipality throughout the 10-year period ending on such effective date pursuant to a comprehensive system of State regulation authorized by that State’s constitution and applicable solely to such municipality; or(4) parimutuel animal racing or jai-alai games.(b) Except as provided in subsection (a), section 3702 shall apply on lands described in section 4(4) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)).(Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.)Editorial NotesReferences in Text

The effective date of this chapter, referred to in subsec. (a)(3)(A), is Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as an Effective Date note under section 3701 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title.

Notes of Decisions
Cited in 11 cases, 1999–2020 · leading case: Shelby County v. Holder
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Shelby County v. Holder (2013) scotus · cites it 2× “, 28 U. S. C. §3704 (no State may operate or permit a sports-related gambling scheme, unless that State con­ ducted such a scheme “at any time during the period beginning January 1, 1976, and ending August 31, 1990”); 32 SHELBY COUNTY v.”
Greater New Orleans Broadcasting Assn., Inc. v. United States (1999) scotus · cites it 3× “Even putting aside the broadcast exemptions for arguably distinguishable sorts of gambling that might also give rise to social costs about which the Federal Government is concerned—such as state lotteries and parimutuel betting on horse and dog races, § 1307(a)(1)(B); 28 U. S.…”
National Collegiate Athletic Ass'n v. Governor of New Jersey (2016) ca3 · cites it 4× “28 U.S.C. § 3704 (a)(3)(B). The exception would have permitted sports gambling at New Jersey’s casinos, which is just what the 2014 Law does.”
OFC Comm Baseball v. Markell (2009) ca3 · cites it 4× “” 28 U.S.C. § 3704 (a) (emphasis added). Not surprisingly, the parties view PAS-PA’s language differently, with both sides claiming that the plain language requires a favorable result on the merits.”
National Collegiate Athletic Ass'n v. Governor of New Jersey (2013) ca3 · cites it 2× “Furthermore, Markell provides no guidance in this case, because there we addressed only the meaning of the statutory exception to PASPA relating to grandfathered states found at 28 U.S.C. § 3704 (a)(1). Markell, 579 F.3d.”
National Collegiate Athletic Ass'n v. Governor of New Jersey (2015) ca3 · cites it 6× “28 U.S.C. § 3704 (a). New Jersey did not do so and, thus, the PASPA exception expired.”
City of Phila. v. Sessions (2018) paed “For the sake of clarity, having now heard all evidence at trial and reviewed the parties' briefs throughout this litigation, the Court is now ruling that as a matter of law, the decision to impose all three conditions, including the Certification Condition, was arbitrary and…”
Lange v. Martin (2016) ark “28 U.S.C.A. § 3704 . The Sponsor Intervenors do not suggest that any of the exceptions to PASPA are applicable here.”
National Collegiate Athletic Ass'n v. Christie (2013) njd “28 U.S.C. § 3704 . PASPA’s “grandfather .”
NCAA v. Governor of New Jersey (2016) ca3 · cites it 2× “28 U.S.C. § 3704 (a)(3)(B). The exception would have permitted sports gambling at New Jersey’s casinos, which is just what the 2014 Law does.”
Carragher v. District of Columbia (2020) dc “See 28 U.S.C. § 3704 (a)(1)-(2); Nat’l Collegiate Athletic Ass’n v.”
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