Are Super Bowl office pools legal in Connecticut?

The Patriots and the Giants will meet in the Super Bowl, and for football fans in Connecticut, this could be a tough call. People in Connecticut tend to divide their loyalty roughly evenly between the Patriots and Giants. For them, it doesn’t get any better than this. Interest for the game will probably peak in this state.

Some football fans in Connecticut may want to consider betting on the big game with some of their colleagues. From a betting standpoint, it’s probably safest not to gamble with employees. For this game, though, it might be impossible to avoid.

Connecticut’s Prohibitions Against Gambling

The law in Connecticut is simple. It’s against the law to bet on sports in Connecticut. In the Connecticut General Statutes, sections 52-553 and 52-554 are two of the laws that set out Connecticut’s prohibitions against gambling. A bet at the office is still a bet. So, gambling, for the most part, is banned in the state. The obvious exceptions are Foxwoods and Mohegan Sun, the state’s Indian casinos, where gambling is legal and allowed.

Genuine Social Relationship

There is a narrow but significant exception to the gambling ban in Connecticut. It is found in Conn. Gen. Stat. Sec. 53-278b, and it covers individuals, not companies.

A gambling bet must come out of an actual social relationship, and can only involve natural people. If anyone in the group makes a living from gambling, no deal, though. These are the essential rules for the Connecticut exemption from prosecution for gambling.

But what does the law mean by a social relationship? And what if the bet is between fellow employees? Some coworkers will have no trouble meeting the law’s requirement of a social relationship. Others could still be considered strangers if you work in a larger company. It depends. In August 2007, the Office of Legal Research for the General Assembly released a report on the exception that the Connecticut state legislature created. What the Legislature had to say about the gambling exception in this report is important.

The report put it this way: There is no definition of the term “genuine social relationship” found in the statute and the legislative history did not indicate any intent or policy underlying the creation of the exception. There is no controlling court interpretation of the exception for gambling purposes.

”Natural persons” has been defined as humans rather than corporations and the use of this term therefore seems to suggest that the exception covers only individuals. So a Super Bowl pool or Oscars contest run by an employer for employees would seem to be off-limits.

Could it be that a small pool among coworkers is legal? Three or four coworkers betting on a game may qualify for the exception to the ban on gambling. On the other hand, a pool that includes everyone in your office could be a violation of the statute, and a 100-person pool even more so. But the lack of a definition doesn’t mean you can do anything you want.

Office Pools Do Not Appear to Be an Enforcement Priority

But will anyone actually be arrested and charged with breaking the law in Connecticut over the Super Bowl game? Probably not. Office pools do not appear to be an enforcement priority. Still, employers would be smart to create rules for their businesses to stay clear of the betting action. A gambling policy might, for example, prohibit bets on the office computer network.

Other blogs have gone here before. John Husband, who writes the Colorado Employment Law Letter, thinks it is about more than money. His post is a fun read. But most lawyers who advise employers tend to go the way of caution on this one.

One rule doesn’t fit all, Husband writes. Office pools can be good for morale and reduce stress. A group lottery ticket may build teamwork.

So how can you legally celebrate the Super Bowl? It’s legal to cheer for a team. There are many ways to have a Super Bowl party, have a show of team spirit at work, without risking gambling. An employer could hold a rally, for example, to boost morale. You can have giveaways with a football theme. Have a party, build esprit and encourage a fun work atmosphere.

Update (1/30): Attorney General Richard Blumenthal has given office pool fans some hope. Usually though office pools are ok, Blumenthal said, if the person who sets it up makes no profit off of the pool. But if there is a “house” or the organizer takes a cut of the pot, then it’s illegal, he said.