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Checked Oct. 21, 2026
OH ยท Checked Oct. 21, 2026
In litigation
Ohio won at the Sixth Circuit against Kalshi, is pressing cease-and-desist demands on ten more platforms, and faces new suits from Polymarket US and Underdog.
The Ohio Casino Control Commission treats sports event contracts as unlicensed sports gaming and has sent cease-and-desist letters, first in March 2025 and to ten more firms on October 2, 2026. On September 25, 2026, a Sixth Circuit panel affirmed the denial of Kalshi's preliminary injunction, holding that sports event contracts are not swaps and, alternatively, that the Commodity Exchange Act does not preempt Ohio's gambling law. Kalshi has asked for rehearing en banc and is separately challenging a proposed $5 million fine in state court; no court order currently bars any platform from offering contracts in Ohio. Most recipients of the October letters were still operating at the October 16 deadline, and state officials have said lawsuits will follow. Underdog and Polymarket US have filed their own federal suits against Ohio officials.
No decision date set13 days since the petition
Petition filed Oct. 9Pending
Resolves Yes if the court grants panel rehearing or rehearing en banc in KalshiEX v. Schuler and KalshiEX v. Orgel, No if it denies both.
Sixth Circuit Nos. 26-3196 and 26-5235. Source: Kalshi's petition (PDF)
Other development, Polymarket US, Robinhood, other
At the Oct. 16 compliance deadline, most of the ten recipients were still offering sports contracts in Ohio, according to local reporting; Plus500US told the commission it would stop. Gov. Mike DeWine said the state would file lawsuits, and Attorney General Andy Wilson said the state could seek to recover the companies' Ohio revenue.
Source: News 5 Cleveland (WEWS)
Operator lawsuit, Polymarket US
QCX LLC (Polymarket US) sued Ohio officials in the Southern District of Ohio, alleging that Ohio's in-state requirements for sports wagering discriminate against interstate commerce.
Source: DeFi Rate legal tracker
Other development, Kalshi
Kalshi petitioned the Sixth Circuit for panel rehearing and rehearing en banc in the consolidated Ohio and Tennessee appeals, citing the CFTC's Oct. 9 proposed rule and interim final rule on the definition of 'swap'.
Cease-and-desist, Polymarket US, Novig, Underdog, Coinbase, Robinhood, Gemini, Webull, other
The OCCC sent cease-and-desist letters to ten firms offering sports event contracts: Polymarket, Novig, Underdog, Coinbase, ProphetX, Robinhood, Gemini Titan, Webull, Plus500US and Moomoo. Recipients were told to confirm compliance in writing by October 16. Kalshi, already in litigation with the state, was not a recipient.
Source: SBC Americas
Court order, Kalshi
A Sixth Circuit panel (Gibbons, writing, with Clay and Bloomekatz) affirmed the denial of Kalshi's preliminary injunction. It held that sports event contracts are not swaps and, in the alternative, that the Commodity Exchange Act does not preempt Ohio's gambling laws.
Source: U.S. Court of Appeals for the Sixth Circuit opinion 26a0272p.06
Operator lawsuit, Underdog
Underdog Exchange DCM and UDM (Underdog Predict) filed a federal suit in the Northern District of Ohio seeking to bar Ohio from enforcing its gambling laws against them. Underdog sued four other states the same day.
Source: SBC Americas
Operator lawsuit, Kalshi
Kalshi sued the OCCC in the Franklin County Court of Common Pleas to stop the proposed $5 million penalty, arguing among other things that imposing it administratively would deny its state-constitutional right to a jury trial.
Source: SBC Americas
Court order, Kalshi
The Sixth Circuit denied Kalshi's motion for an injunction pending appeal.
Other development, Kalshi
The OCCC gave Kalshi notice of a proposed $5 million fine for offering unlicensed sports wagering; the penalty was not final.
Source: Covers
Court order, Kalshi
Chief Judge Sarah D. Morrison denied Kalshi's motion for a preliminary injunction; Kalshi filed a notice of appeal the next day (6th Cir. No. 26-3196).
Operator lawsuit, Kalshi
Kalshi sued Ohio Casino Control Commission (OCCC) members and staff and then-Attorney General Dave Yost in the Southern District of Ohio, arguing that federal law preempts state enforcement against its event contracts.
Regulator guidance
The OCCC warned licensed sportsbooks that ties to sports event contract trading could put their Ohio licenses at risk.
Source: SBC Americas
Cease-and-desist, Kalshi, Robinhood, Crypto.com
The Ohio Casino Control Commission (OCCC) ordered Kalshi, Robinhood and Crypto.com to stop offering sports event contracts in Ohio and to confirm compliance by April 14, 2025.
Source: 13 ABC (WTVG)
Will a Sixth Circuit panel side with Kalshi against Ohio and Tennessee?
The panel affirmed the denial of Kalshi's injunction in Ohio and vacated Kalshi's injunction in Tennessee and remanded. Kalshi has asked for rehearing. Sixth Circuit Nos. 26-3196 and 26-5235. Source: Opinion
SB 430 (136th GA)Pending
Specify that using a prediction market to trade event contracts on sporting events constitutes sports gaming
Sponsored by Sen. DeMora, the bill would add the use of a prediction market to trade event contracts on sporting events to Ohio's statutory definition of sports gaming, bringing it under the Casino Control Commission's licensing and enforcement authority.
Source: search-prod.lis.state.oh.us
HB 887 (136th GA)PendingMay 2026
Prohibit public officials and employees from using prediction markets
Sponsored by Rep. Sean Brennan, the bill would bar covered state officials and employees from holding prediction market accounts or trading event contracts, with misdemeanor penalties and fines.
Source: search-prod.lis.state.oh.us