Needs no explanation.
Image from NPR.
The End Times are Near
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Paxton Declares Daily Fantasy Football to be Illegal Gambling
Embattled Texas Attorney General Ken Paxton threw down the gauntlet on another front on Tuesday when he issued a non-binding opinion declaring daily fantasy football to be illegal gambling as defined under Texas law. Paxton’s office issued an opinion in response to a request from Rep. Myra Crownover asking whether daily fantasy leagues such as DraftKings and FanDuel were illegal, and whether fantasy sports leagues where the house does not take a rake and the participants wager only among themselves are legal.
The issue turns on the application of Chapter 47 of the Texas Penal Code which prohibits betting on the outcome of sports games or contests or the performance of a participant in a game or contest. The crux of Paxton’s opinions revolves around the question of whether participating in a commercial daily fantasy league constitutes a bet. Paxton concludes that because there is an element of chance in those games, then regardless of the skill level involved in picking particular players, participants are placing a bet when they participate in fantasy football. Therefore, Paxton concludes that commercial daily fantasy football is illegal gambling in Texas.
With respect to the more traditional season-long fantasy leagues where the participants are betting against each other and the house does not take a rake, Paxton concludes that such leagues fall under an exception to the illegal gambling laws.
“Under this statutory framework, odds are favorable that a court would conclude that participation in paid daily fantasy sports leagues constitutes illegal gambling, but that 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 other words, Paxton is going long on the courts finding that your friendly workplace fantasy football league is okay. Red predicts that this non-binding decision – more than his other well-documented legal problems – will hurt Paxton’s chances for re-election.
Today in Texas History – January 20
From the Annals of Roundball – In 1968, Houston ended UCLA’s 47-game winning streak with a 71-69 victory at the Astrodome before 52,693 fans. The so-called “Game of the Century” was the first basketball game played in the Eighth Wonder of the World and set a NCAA attendance record. It was also the first NCAA regular season game broadcast nationwide in prime time through a syndication package.
Houston and UCLA had met the previous season in the semifinals of the 1967 tournament with the Bruins winning 73–58 and moving on to win the national championship for the third time in four years. Houston Coach Guy Lewis wanted a rematch and sold the game to UCLA’s John Wooden as something that would be good for all of college basketball.
The biggest match-up of the game featured Center Kareem Abdul-Jabbar (then Lew Alcindor) for the Bruins against Forward Elvin Hayes of the Cougars. Although they did not play directly against each other, Hayes did block 3 of KAJ’s shots bringing cries of “E” from the crowd. KAJ had suffered an eye injury the week before and turned in the worst performance of his college career. The two teams would meet again in the NCAA tournament semi-final. UCLA exacted revenge stomping the Cougars 101 to 69 and going on to beat North Carolina in the final.
Sports Illustrated cover from Pristine Auctions.
Tommy Tipton – Lotto Swindler and Bigfoot Hunter?
Fayette County Justice of the Peace Tommy Tipton resigned his judicial office in the wake of the scandal surrounding the arrest and conviction of his brother Eddie Tipton for rigging lottery results. Eddie, the former Director of Security for the Multi-State Lottery Association, is out on bond following his conviction for fraud after attempting to claim a $16.5 million jackpot in Iowa. But Eddie’s legal problems do not end there. He faces another Iowa trial on charges of ongoing criminal conduct and money laundering related to jackpots in other states. But what does all of this have to do with Bigfoot?
Let Red fill you in. Iowa prosecutor Rob Sand has asked a judge to bar any discussion of Bigfoot hunting at Eddie’s upcoming trial. It appears that brother Tommy and two other friends possibly involved in the unfolding scandal are Bigfoot Hunters.
Sand’s motion noted that Tipton is or was a member of the Gulf Coast Bigfoot Research Organization — a group dedicated to searching for Bigfoot and relatives in Southern states whose members “prefer to keep a low profile, due to the repercussions from their peers or employers.” The GCBRO, however, has distanced itself from Tipton and the lottery scandal. A spokesman for the group indicated that it hasn’t had a confirmed Tommy Tipton sighting in years. “It’s been right at, or nearly 15 years since any of us, has conversed with him in any way, shape or form,” founder Bobby Hamilton said.
Let’s Go Dynamo
The Houston Dynamo have published the 2016 Season Schedule Red is particularly looking forward to seeing the Portland Timber on September 24 (defending MLS Champions), the second-season New York City FC on September 30 (hopefully with aging Italian superstar Andrea Pirlo) and Toronto FC on August 13 (with league MVP Sebastian Giovinco) and the interstate rival FC Dallas on March 12.
Texas Observes Confederate Heroes Day
Today is an official Texas State Holiday – sort of. Texas state offices remain open but with minimal staffing. The holiday is observed on January 19 which is Robert E. Lee’s birthday and was the original name for the holiday. Red’s negative views on the Confederacy and secession are well known by now. And while it seems odd (at best) to celebrate a cause which was rooted in the defense of the institution of chattel slavery (spare Red the BS about states rights), Red does find it refreshing that the United States is one of the few countries in the world where the population is free to celebrate traitors.
Dietary Advice from Chris Christie?
Chris Christie has come down on the side of the fifth graders on the critical issue of school lunches. At a recent event, Jacob Royal, an Omaha fifth-grader and aspiring politician asked the New Jersey Governor, “What are you going to do about the lunches? They were fine when Mrs. Bush was the first lady, but now that Mrs. Obama is the first lady, they have gone down.”
Christie’s reply, “I don’t care what you’re eating for lunch every day. I really don’t. If I’m president, back to whatever you want to eat.”
Bring on the hot dogs, French fries and soda – and throw in a couple of donuts for good measure.
Somewhere Texas Agriculture Commissioner Sid Miller is smiling.
Today in Texas History – January 19
From the Annals of the Halls of Power – In 1999, Rick Perry took office as Texas’ first Republican lieutenant governor since Reconstruction. Perry’s long career in public office began in 1984 when he was elected to the Texas House of Representatives as a Democrat from District 64, which included Haskell County where his father had served as a County Commissioner. Perry was well regarded as a Representative and served three terms. He supported Al Gore for President in 1988. But when George H.W. Bush won the Presidency, Perry was clearly attune to the direction the political winds were blowing in Texas, and he changed his party affiliation to the GOP. In 1990, he narrowly defeated the popular incumbent Jim Hightower for Agriculture Commissioner. With the help of Karl Rove he raised over $3 million and tarnished Hightower’s name – aided by a corruption scandal that enveloped 3 of Hightower’s aides. Perry’s narrow win by about 20,000 votes pushed him into statewide prominence. After serving two terms, Perry chose to run for Lieutenant Governor to succeed the retiring Democrat Bob Bullock. Perry had a notable falling out with his previous top political strategist Karl Rove leading to the much-reported rivalry between the Bush and Perry camps. In the 1998 election, Perry eked out another narrow win with 1,858,837 votes (50.04 percent) to the 1,790,106 (48.19 percent) cast for Democrat John Sharp.
Worshipping at the Church of the NRA
At least one Dallas area parishioner is incensed about the decision of the Catholic Diocese of Dallas to not allow open or concealed carry in its churches. In fact, incensed enough to cut off tithing to the church and re-direct the money to the NRA. He or she better hope that Wayne LaPierre is standing at the Pearly Gates instead of St. Peter.
Red’s NFL Picks – Second Round
“You’re not that damn important.”
Brian Mitchell – referring to RGIII.
But really, who is?
Red Rates Himself – For Wildcard Weekend Red was 3-1 making up somewhat for the late season slide into high mediocrity. Red would have been 4-0 but for the Bengals total meltdown at the end of the game. His best call was on the Texans/Chiefs debacle where Red claimed “one big play will probably decide this one.” And damn if Red wasn’t right. He just didn’t know that it would be on the opening kickoff. At least Red had the good sense to keep his other commitments and not waste $500 and 6 hours of his time watching the Texans’ ship go down without a fight.
For the season Red is now 56-44. Red likes easy percentage calculations.
And Red knows the NFL calls this the Divisional Round or some such nonsense. It is not that, because we obviously have Wildcard teams still playing. This is Round Two or as Red prefers the Second Round. Take your pick.
Your Damnation Pick of the Week: Patriots over Chiefs. Red has to stick with the Patriots (his preseason AFC Champ) because that’s the way this thing works. And given his spotty record on picking the playoff teams this year (more on that later) he needs the added oomph of picking the Superb Owl correctly which is something that happens about once a decade. Given that, all signs point to the Chiefs – except the sign that says Foxboro City Limits. Patriots don’t typically lose in the playoffs in F’town. In the Brady Era, they are 14-3 in home playoff games. In this business, we call that a trend. More of a portent in Red’s humble opinion. This game turns on the Pats defense. If they hold the Chiefs to 20 or under, the odds of the Pats winning the game are incalculable. I cannot imagine the Pats not scoring at least 21 on any team left in the playoffs. At playoff time, the Pats either score around 15 and lose or more than 20 and win. I think this is one very tight and the Chiefs could easily win this game with even a decent offensive performance. Red likes the Chiefs plus 5 if you can get it. New England 24 Kansas City 19.
Your DamnYankees Pick of the Week: Packers over Cardinals. Cardinals picked a bad time to fall apart and lose key players. Packers fell apart early and often while shedding good players like the working girls at the Men’s Club. Again this is a damn close call between two teams that could win the Superb Owl with just a little luck. Red won’t overly retread his Quality Wins rubric. Suffice it to say that the Packers come in with 3 (discounted for early season wins) while the Cards also have 3 QWs over the Pack, Vikings and Seahawks. Despite this trend of beating our northernmost NFL teams, Red again has to play out the skein all the way out and since he picked the Packers to win it all this year, he has no choice but to go against his gut and pick the Pack. But he wouldn’t bet on this game if you held a hot poker to his pecker. Green Bay 27 Arizona 24.
Your Double Damn Pick of the Week: Panthers over Seahawks. The Panthers don’t strike Red as a team that is going to play tight in a situation where everyone might expect them to not be able to excrete an aspirin. Cam stays loose and since the Panthers have to rightfully believe that they can beat anyone why should they fear the Seahawks. These teams are fairly similar both featuring offenses powered by a steady running game backed up by mobile quarterbacks who are mediocre in the passing game and tough defenses. Admittedly, the Hawks have a better defense, but have they really faced anyone like CN all season? Only in practice. And they were lucky to escape with their lives when facing a decent Vikings defense last week. At some point CN is going to have to take this game over and make some plays against a defense that will be head-hunting. If he survives the gauntlet then the Panthers can win this one going away. Everyone but Red is calling this the game of the week. Red thinks the Panthers expose the Hawks more than the Vikings did last week. Take the Panthers giving up a single point. Carolina 37 Seattle 13.
You’re Damn, Damn, Damn Pick of the Week: Stealers over Broncos. PMS (that’s Peyton Manning Starting for those who have not been paying attention in class) is old and brittle and all but washed up as a premier QB. Ben Rotlessburger is not quite as old and still tough as the steak served at El Rio in Monterrey. Red never underestimates the ability of brilliant Gary Kubiak to outcoach himself and blow it in a big game. He has a defense that can win this game if he will just let them, but he won’t and the Broncos are going to turn it over at least 3 times. The Stealers are playing on borrowed time and glad of it. They make the most of it this week. Red likes the Stealers plus 7 – he likes it a lot. He may like the over at 38.5 even more. Pittsburgh 28 Denver 23.
Paradise in Hell 