On June 3, Judge Paul Barbadoro of the United States District Court for the District of New Hampshire ruled in favor of the New Hampshire Lottery, stating the 1961 Wire Act does not apply to lottery sales over the Internet. Judge Barbadoro ruled the Wire Act applies only to transmissions related to bets or wagers on a sporting event or contest, according to the decision. The New Hampshire Attorney General’s office, on behalf of the New Hampshire Lottery, had challenged the United States Department of Justice’s recent opinion that the Wire Act applies to sales over the Internet.

“Today’s ruling is a historic victory for the State of New Hampshire and we are proud to have led this effort,” said Governor Chris Sununu. “New Hampshire stood up, took action, and won – all to protect public education in our state. I would like to thank the Attorney General’s Office and the Lottery Commission for their work on this critical case.”

“We are extremely pleased with the Court’s decision, which represents a victory for the New Hampshire Lottery, state lotteries across the country and the revenue they provide to their communities,” said Charlie McIntyre, executive director, New Hampshire Lottery. “Based on his comprehensive 63-page ruling, it is clear Judge Barbadoro took a deliberative approach to this decision, thoroughly and carefully reviewing all issues and ultimately making a decision in the best interests of the citizens of New Hampshire. It is equally clear Judge Barbadoro appreciated the strength of our argument and the potential impacts this DOJ opinion stood to have in New Hampshire with more than $90 million in revenue for education at stake.

“With this assistance from the office of the New Hampshire Attorney General, this decision clears the way for the New Hampshire Lottery to continue to raise critical funding for education in New Hampshire.”