The Paris Games are expected to be the most heavily wagered Olympics in U.S. history, but some of the most popular sports are already off the table in two of the 38 states (plus Washington, D.C.) where betting is legal.

Louisiana and Massachusetts do not allow betting on refereed events, meaning betting operators cannot accept wagers on gymnastics, horseback riding, breakdancing (the official name is breaking), surfing and BMX freestyle.

“If we decide in Louisiana, I’m sure the other 38 jurisdictions might say, ‘What are they thinking?’ But at the end of the day, the president and that gaming control board are responsible for what happens in that jurisdiction; regulators don’t like to operate in a gray area, and these types of sports present a gray area problem,” said Ronnie Jones, former chairman of the Louisiana Gaming Control Board.

The ban on refereed sports in the two states showcases the patchwork of regulations that have emerged since the U.S. Supreme Court struck down the Professional and Amateur Sports Protection Act in 2018. The decision authorized states to offer legalized sports betting that Nevada had exclusively had for decades.

It has, in turn, led to different standards in each jurisdiction. Louisiana's gambling regulations detail that outcomes must be "determined on the field of play and can be demonstrated by a scoreboard or statistical analysis" for betting to be allowed in the state. The Massachusetts Gaming Commission voted in January 2023 to “exclude Olympic events [whose] outcome depends primarily on the assessment of a judge or panel of judges. But the two states have different views on boxing.

Louisiana allows Olympic boxing betting, while Massachusetts does not. And just because states allow betting on sports and events does not necessarily mean that operators like DraftKings and FanDuel will offer such bets.

At best, bettors in states that allow betting on refereed competitions will be able to wager on only 60% of the 329 medal events at the Paris Games.

“The most popular sports are the ones that are truly American, like men’s and women’s basketball get all the betting, but events like racing and swimming get very, very little action.”