SAN DIEGO — This year, an estimated one out of every four Americans is expected to place a bet on Sunday's Super Bowl, adding up to roughly $23 billion in wagers, according to the American Gaming Association.
But those bets will not be placed here in California — at least not legally.
While wagering at the race track and gambling at tribal casinos is perfectly legal here in the Golden State, along with card rooms, the lottery and even 'Bingo night,' when it comes to gambling on sports here — including on the Super Bowl — that is a strict 'no-no'.
"As far as sports betting goes, in particular online sports betting, it is not lawful yet," said Baird Fogel, a San Francisco-based attorney who specializes in this field. "And it it's quite shocking."
He pointed out that, as the fifth largest economy in the entire world, the amount of potential tax revenue California is losing every year makes legalizing sports betting a huge priority.
"Somewhere around $500 million in additional tax revenue for the state," Fogel told CBS 8, "and that's just right now."
In the meantime, most other states have already given the green light to this form of gambling.
"We are currently at 39 states including the District of Columbia with some form of sports betting," said Rebecca Giden, policy director at Eilers & Krejcik Gaming, a research and consulting firm here in Southern California. "And thirty of those 39 have on-line sports betting."
While Texas has also not legalized sports betting yet, Giden calls California "the biggest holdout."
"California is obviously the biggest deal left," she added.
It is a deal that repeatedly fails to get made.
Two years ago, California voters had an opportunity to vote on two separate ballot measures, which would have legalized sports betting here, Both of them failed to pass.
"It was a very intensely negative ad campaign," Giden noted, "and it did the job."
"Whenever you have competing ballot initiatives, they typically both fail," Fogel said.
Fast forward to the start of 2024: with two brand new initiatives to legalize sports betting here on the table.
"Those have already both been shot down," Fogel added.
What's behind this consistent losing streak?
Experts said it is the lack of support from California's powerful Native American tribes, which have the exclusive right to operate gaming in the Golden State.
"They basically run the show when it comes to gambling," Giden told CBS 8.
"You got to somehow figure out how to partner with the tribes, who don't need this, "Fogel added,. "They can wait forever on this."
In response to this latest failed attempt, the California Nation Indian Gaming Association, which includes some of the largest and most powerful tribes, said, "Decisions driving the future of tribal governments should be made by tribal governments. while the sponsors of these initiatives may believe they know what is best for tribes, We encourage them to engage with Indian country and ask, rather than dictate."
"Without their support, at least for the foreseeable future, it doesn't seem like anything's going to be legalized here for some time," Fogel said.
How long could it possibly take?
Giden expects to see another attempt at a ballot measure in 2026, but believes that will focus on in-person, retail sports betting: not the more popular on-line version.
"When you'll be able to do it f from your couch, on your cell phone... that is a little more difficult to predict," Giden added. "But I do think that it is coming. It is when, not if."
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