West Flagler has requested the intervention of the State Supreme Court regarding Florida’s sports betting.
Those in the gambling industry in Florida who are against a proposal to grant the Seminole Tribe sole authority over sports betting in the state are appealing to the state’s top court for intervention.
On June 1, 2023, Governor Ron DeSantis of Florida delivered a speech in New Hampshire. He is facing a legal challenge from the state’s highest court for his choice to grant the Seminole Tribe sole rights to sports betting in Florida. (Image: The New York Times)
Two gaming businesses in South Florida are requesting the Florida Supreme Court to annul a Class III Tribal-State Gaming Compact made with the Seminole Tribe. This compact, approved by Gov. Ron DeSantis (R) in 2021, would grant the tribe exclusive rights to offer sports betting in the state through their current casinos and online platform, Hard Rock Bet.
The agreement has been delayed for the majority of the past 24 months due to a current legal dispute in federal court. West Flagler Associates, the owner of Bonita Springs Poker Room in South Florida, has been at the forefront of this case. However, their choices are decreasing as they have experienced a string of defeats at the US Court of Appeals for the District of Columbia Circuit earlier this year.
Some people argue that the gaming agreement goes against the Indian Gaming Regulatory Act as it permits gaming outside of tribal land through the use of a mobile sportsbook. However, those in favor of the deal argue that it is within the law since the sportsbook’s computer servers that receive bets would be situated on tribal land.
The options available in the federal court system are decreasing.
The D.C. Circuit Court was unsuccessful in persuading the full court to review a previous ruling by a smaller panel that upheld the tribal gaming agreement. This means that the only option left for West Flagler to seek federal intervention is through the US Supreme Court. The company has requested a temporary delay of the ruling from the D.C. Circuit in order to prepare for a potential appeal to the Supreme Court.
The Federal Department of Interior, responsible for overseeing tribal gaming, stated in a recent filing to the D.C. Circuit that any additional postponement would not be appropriate.
According to a recent decision by the appeals court panel, the Compact does not claim to, and legally cannot, permit the gaming activities that West Flagler considers to be illegal. The Interior department stated this in a filing on Monday, clarifying that West Flagler’s issue is with the Florida law that does allow these activities outside of Indian land.
West Flagler argues that this Court’s opinion still poses questions of significant importance, based on a misinterpretation of the opinion that was previously presented in its unsuccessful request for a rehearing en banc.
State Writ Sought
West Flagler and its supporters are appealing to the top court in Florida.
On Monday, West Flagler submitted a petition to the Florida Supreme Court requesting a “Writ of Quo Warranto” against DeSantis and state legislative leaders. The petition declares that they have violated the state constitution by permitting the tribal gaming compact to proceed.
The petition contends that DeSantis and the Florida legislature disregarded the Florida Constitution’s mandate that any gambling outside of reservations must be approved by a statewide vote before being implemented.
According to petitioners, the Seminole compact violates Article X, Section 30 of the Florida constitution by allowing for an increase in casino gambling without approval from voters through a citizen-led initiative. They believe this is a significant development in the realm of gambling in the state.
The petitioners are requesting the court to state that DeSantis and the legislature have gone beyond their power and that the sole method of permitting off-reservation sports betting in Florida is by including a constitutional amendment on the ballot for voters to endorse.
West Flagler has requested that the state’s Supreme Court intervene in regards to Florida sports betting, according to a recent post on Casino.org.
