Off the Kuff Rotating Header Image

Mark Cuban

The “Star Spangled Banner Protection Act”

You can’t make this stuff up.

Texas Lt. Gov. Dan Patrick announced Wednesday that requiring the national anthem to be played “at all events which receive public funding” will be among his top legislative priorities this session.

The “Star Spangled Banner Protection Act,” which has not yet been filed, comes as the Dallas Mavericks are under attack by some GOP Texas lawmakers seizing on a report that team owner Mark Cuban decided to stop playing the national anthem before home games this season. The team will resume playing the anthem before games, the NBA said Wednesday.

“It is hard to believe this could happen in Texas, but Mark Cuban’s actions of yesterday made it clear that we must specify that in Texas we play the national anthem before all major events,” Patrick said in a statement. “In this time when so many things divide us, sports are one thing that bring us together — right, left, Black, white and brown. This legislation already enjoys broad support. I am certain it will pass, and the Star Spangled Banner will not be threatened in the Lone Star State again.”

Earlier on Wednesday, Patrick called Cuban’s decision “a slap in the face to every American” and “an embarrassment to Texas.”

“Sell the franchise & some Texas Patriots will buy it,” Patrick said in a tweet. “We ARE the land of free & the home of the brave.”

The backlash comes after 13 preseason and regular-season games have already been played at the American Airlines Center without the “Star Spangled Banner,” according to The Athletic. Those games took place without fans in the stands, with the exception of Monday’s game, when The Athletic noticed the change and raised the question.

Cuban told the sports website it was his decision to remove the anthem. He has previously expressed support for athletes kneeling during the anthem before games to protest racial injustice.

But on Wednesday, the professional basketball league released a statement saying “[w]ith NBA teams now in the process of welcoming fans back into their arenas, all teams will play the national anthem in keeping with longstanding league policy.”

There’s so much here, but the first questions I have are “Really? That’s what you want to spend time on in this legislative session?” I get throwing red meat to the base, but this session is already full of red meat issues, and there’s still that pesky pandemic to deal with, among other things. I’d ask who cares about this, but I suppose we can trust Dan Patrick to know what people like Dan Patrick want. What normal people might prefer is another matter. In the meantime, here’s your bright shiny right-wing object for the 2021 legislative session. More here from the Trib.

The Sports Betting Alliance

Keep an eye on this.

A new alliance of major Texas sports teams has announced they will be backing legislation to allow for sports betting in Texas.

The Dallas Cowboys, the Texas Rangers, and the Dallas Mavericks are among the first members of the Sports Betting Alliance, with more teams expected to announce their association with the group according to the Dallas Morning News.

While 25 states have legalized sports betting some of the largest, including California, Florida, and the lone star state have not yet legalized the industry that could bring in billions nationally.

The announcement of the Sports Betting Alliance comes after the late Sheldon Adelson’s group, Las Vegas Sands, expanded their lobbying effort to legalize gaming in Texas.

The Las Vegas Sands lobbying effort appears to want to work in tandem with the sports betting alliance to make the biggest push to legalize both sports betting and gambling in Texas in recent memory.

That DMN story is paywalled, so the synopses of it here and here are the best I can do at this time. There are quotes from Mavericks owner Mark Cuban and lobbyist Andy Abboud, who is also busy with the push for casinos. The major sports leagues were endorsing federal legislation to allow wagering on their games a few years ago, and a SCOTUS decision in 2018 opened the door for states to get in on the act, though states like Texas would have to change their own laws first. Which is where we are now, and though the economic outlook is better than it was a few months ago, the pressure to expand gambling is increasing, at least if you think of it in terms of the financial interests that are pursuing it. The Lege has remained steadfast, including in some really hard times, and until Dan Patrick says he’s for it, I’m betting the under.

And just a few hours after I typed that, I saw this.

While other states race to legalize sports betting, don’t count on Texas to follow suit.

Lt. Gov. Dan Patrick told a radio host in Lubbock on Tuesday that he just doesn’t see support for the idea in the Texas Senate, which he presides over, or among Republican voters.

“It’s not even an issue that’s going to see the light of day this session,” Patrick told Chad Hasty on KFYO in Lubbock.

Patrick said he personally has never been in favor of expanding legal gaming, but beyond that, there are not enough members of the Texas Senate in favor of it — which makes the issue a waste of time.

“We are nowhere close to having the votes for it,” Patrick said.

OK then. You can still expect more sports teams to get on this bandwagon and make a lot of noise about it, and who knows, maybe they will be able to wrangle a few more votes. But adjust your expectations accordingly. The Sports Betting Alliance US and Sports Betting Alliance TX each have Twitter feeds to follow, though they are currently vacant, if you’re interested in that sort of thing.

No indies

Not in Texas and not for President, anyway.

Will not be on the ballot

Will not be on the ballot

[Last] Monday was the deadline for independent candidates for president to get on the ballot in Texas.

Nobody showed up.

The Texas Secretary of State’s office, which administers elections, closed its doors Monday afternoon with no applications. And they would have noticed, too: Independent candidates have to submit their names along with petitions from 79,939 registered voters who, like the candidates themselves, did not take part in either the Republican or Democratic primaries.

That’s a pile of paper.

In the wake of Donald Trump’s imminent nomination as the Republican Party’s candidate for president, there has been some chatter in conservative ranks about a third-party candidate more palatable to the GOP establishment.

It’s getting late for that. The general election is in six months, and state deadlines for filing are starting to come up on the calendar.

As the story notes, a would-be independent candidate could possibly sue to get on Texas’ ballot, following the example of John Anderson in 1980. That presumes that such a candidate exists and has the wherewithal to file and successfully argue a lawsuit. And that presumes that such a candidate would want to be on the ballot in Texas, which if one is aiming to be the “not Trump alternative that unhappy conservatives can support” one probably does. (Mark Cuban has already declined to be that candidate.) Time’s a-wastin’, that’s all I’m saying. One can also file as an official write-in candidate, which is to say a write-in candidate whose votes actually get counted, but one should keep one’s expectations low if one chooses that path. The high-water mark for a write-in candidate in any Presidential race going back to 1992 is 9,159 votes in 2004 by Ralph Nader, and it’s fair to say he was better known than your average write-in would be. It was also worth 0.12% of the vote, so just a little bit short of a majority. But hey, dream big.

Paxton opines against daily fantasy sports sites

I feel confident saying this will be tested in court.

While placing bets on fantasy sports sites might involve skill, there is still an element of chance that equates such leagues with illegal gambling in Texas, Attorney General Ken Paxton said in a nonbinding opinion released Tuesday.

The “odds are favorable that a court would conclude that participation in paid daily fantasy sports leagues constitutes illegal gambling,” Paxton said in the nine-page opinion. But “participation in traditional fantasy sport leagues that occurs in a private place where no person receives any economic benefit other than personal winnings and the risks of winning or losing are the same for all participants does not involve illegal gambling.”

In November, state Rep. Myra Crownover, R-Denton, asked the attorney general to weigh in on whether fantasy sports sites such as DraftKings.com and FanDuel.com were legal in Texas. The request came days after New York’s attorney general declared such sites to be illegal gambling.

[…]

In a statement Tuesday, Crownover said she requested the opinion to clarify the law on fantasy sports sites. “It is our responsibility to try to make sure no business is profiting from illegal activity in Texas.”

As you might imagine, the sites were none too happy about this.

Daily fantasy sports site DraftKings said it intended to keep operating in Texas, disagreeing with Paxton’s interpretation of the law and his description of how the games work.

“The Texas Legislature has expressly authorized games of skill, and daily fantasy sports are a game of skill,” said a statement by Randy Mastro, counsel to DraftKings.

“The Attorney General’s prediction is predicated on a fundamental misunderstanding of [daily fantasy sports]. We intend to continue to operate openly and transparently in Texas, so that the millions of Texans who are fantasy sports fans can continue to enjoy the contests they love,” said Mastro, who disputed the description of an entry fee as a cut.

[…]

Dallas Mavericks owner Mark Cuban has invested in Fantasy Labs Inc., a platform of proprietary daily fantasy sports data, tools and analytics. He slammed Paxton’s legal opinion on Twitter, calling it “a disappointment.”

“You certainly don’t represent the views of Texans,” tweeted Cuban, who is due to keynote the Fantasy Sports Trade Association’s Winter Conference in Dallas on Wednesday.

Paxton’s opinion came despite a flood of emails to his office supporting the games. His office received 18,429 emails and 339 calls, the majority of them in favor of the games, a spokeswoman said Tuesday.

I would agree that there is skill involved in playing fantasy sports, at least if one wants to be any good at it, but one could also argue there’s skill involved in horse racing or playing blackjack. There’s obviously a big element of luck involved as well, so where does one draw the distinction? I have zero interest in these daily fantasy game sites, so I’m not qualified to say where that line is, but it’s clearly subjective. I look forward to the inevitable lawsuit.

One more point of interest, from the DMN last week.

When news broke that Texas lottery officials were looking into fantasy sports and casino games in other states late last year, the lottery agency said its exploratory trips were no big deal. Just a fact-finding mission to gather information for lawmakers, a spokeswoman said.

What the agency didn’t say was that for months, Texas Lottery Commission Executive Director Gary Grief had been aggressively working to get in on the billions of dollars flowing into fantasy sports. His efforts came as the games became the focus of legal questions around the country — and despite conservative state leaders’ long-standing aversion to any expansion of gambling here.

More than 400 pages of emails, obtained by The Dallas Morning News under Texas public records laws, directly contradict the agency’s contention that it was only considering traditional lottery draw and scratch-off games. The records include discussions with fantasy sports lobbyists and show that Grief wanted a contract with DraftKings, one of two companies at the center of a national controversy over the games.

He prodded his staff to quickly nail down a plan to get Texas in on the action. And when an insider betting scandal erupted in the industry, Grief embarked on a plan to bring the games — which some consider an illegal form of gambling — under the lottery commission’s umbrella.

Winston Krause, chairman of the five-member Lottery Commission, said that Grief explored the issue at the behest of a lawmaker whose name he couldn’t recall. When Gov. Greg Abbott learned from a News report that Grief and agency staffers had traveled to Delaware to investigate its sports betting operations, he ordered the commission to end its dalliance. Suddenly, Krause said, the lawmaker lost interest.

“The bottom line is, no one in that organization wants to expand the footprint of gambling in Texas. Nobody,” Krause said.

Lottery Commission spokeswoman Kelly Cripe declined repeatedly to elaborate. Grief, in a written statement, said the agency has stopped its efforts. He declined multiple requests for an interview, and the agency has challenged The News’ requests for additional documents on the matter.

Nothing at all curious about that. Who can keep track of all these legislators, anyway? Read the whole thing. This was separate from the request for Paxton’s opinion, but it’s definitely relevant. ESPN, Trail Blazers, Texas Monthly, and the Press have more.