No taking because no current sports book operator (nothing being taken). Can ban activity near events (e.g., no bars near schools), but delegating approval of who can operate to leagues seems problematic.
Agree, this is different. A 5-block “no gambling zone” by sports events seems legally defensible as an exercise of police power for game integrity. But letting the leagues control that area seems a step too far. Just not sure what legal doctrine applies.
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Maybe this is a taking. When property owner wants to offer sports betting with Bookies ‘R Us, but team says no because they have a deal with Betazon, property owner has been deprived of valuable use of property.
End of conversation
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Yeah, this is essentially zoning. Govt can use zoning to transfer ownership of property to private parties. So maybe it is a form of regulatory taking.
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