Battle Over Florida Sports Betting Heads to the US Supreme Court

In a significant legal move, West Flagler Associates and the Bonita-Fort Myers Corporation have appealed to the US Supreme Court to block the Seminole Tribe from launching sports betting in Florida. The dispute revolves around whether Florida's governor, Ron DeSantis, exceeded his authority by permitting the compact. This compact grants the Seminole Tribe exclusive rights to offer sports betting in the state.

West Flagler's challenge is based on a state constitutional amendment known as Amendment 3, which prohibits the expansion of casino gambling in Florida without voter approval in a referendum. They argue that the compact authorizes gaming off tribal land, violating both state and federal laws.

The legal proceedings began in 2021 when West Flagler filed a lawsuit in the US District Court of Columbia, contending that the mobile aspect of the compact authorized gaming outside of federal lands. The court initially ruled in favor of West Flagler, but the Seminoles later won on appeal in the DC Circuit court.

The case has raised three critical questions of exceptional importance. These include whether the Indian Gaming Regulatory Act (IGRA) allows federal approval of a compact that permits a tribe to conduct gaming activities off tribal land, whether the Unlawful Internet Gaming Enforcement Act (UIGEA) is violated when a tribe offers gambling outside of its lands using the internet, and whether a federal government approval of an IGRA compact that gives a tribe a statewide monopoly on online sports betting violates the Equal Protection Clause of the Constitution.

West Flagler argued that the compact and IGRA questions are inconsistent with previous decisions from other circuits, indicating a strong likelihood that the Supreme Court will consider and potentially reverse the circuit opinion.

In their argument, West Flagler also pointed to a case where the State of California successfully prevented a tribe from operating an internet bingo casino, citing the UIGEA, which strengthens their argument against the compact's legality.

The case has far-reaching implications, and its outcome will shape the future of sports betting in Florida, making it a matter of great interest for operators and sports enthusiasts across the state.