Florida Sports Betting Case Gains Support from Anti-Gambling Group
The organization opposing a Florida amendment to curb gambling claims that the state's sports betting deal with the Seminole tribe contradicts voter's wishes.
No Casinos, a group against gambling expansion for decades, submitted a document this week to the Florida Supreme Court. The goal is to invalidate the tribal gaming agreement, granting the Tribe a monopoly on sports betting.
They added a constitutional amendment in 2018 to prohibit casino growth without voter consent. With a majority of 71%, the amendment was approved by voters.
In 2021, Governor Ron DeSantis signed a gaming agreement with the Seminole Tribe, allowing expansion of casino offerings and on-site sports betting. The agreement would have permitted online sports betting as long as the servers were on tribal premises.
No Casinos contended in this legal document that the gaming agreement goes against the constitutional amendment's spirit. The group is supporting opponents, led by pari-mutuel operators West Flagler Associates, challenging the compact and accompanying legislation in court.
This ongoing battle dates back to 2018 and has left Florida, one of the country's biggest states, without a legal sports betting system.
Complex Legal Arguments
The opponents, led by West Flagler Associates, have spent years contesting the gaming agreement in federal court, arguing that online betting breaches the Indian Gaming Regulatory Act prohibiting off-reservation gaming.
The U.S. Supreme Court temporarily halted the compact last week as it reviews the opponents' petition to take on the case.
Chief Justice John Roberts issued a stay on a previous ruling from the DC Circuit that declined to revise the case.
Legal sports betting has been inaccessible in Florida since federal courts halted the compact back in November 2021.
The brief submitted to the state court by No Casinos highlights that federal courts sidestepped the issue of whether the "hub and spoke" model of the compact complies with Florida law.
As per the brief, the DC Circuit stated that state law is essential to determining if the parties to the compact can authorize sports betting across Florida as if it were on Indian land.
No Casinos claims it's the Florida Supreme Court's responsibility to clarify that the governor and legislature cannot sanction off-reservation gaming like the compact allows.
"The Compact and legislation embedding the idea that 'Indian lands' occur wherever a phone with a gambling app exists is a clear attempt to make legislation outside the Governor's or the legislature's authority," No Casinos argued in the brief.
The Missing Combatant
The Seminole Tribe informed the U.S. Supreme Court that it won't be responding in the case. The lawsuit targets the Department of Interior, which oversees tribal gaming, and seeks to invalidate the Interior Secretary's approval of the Florida compact.
In a note to the court, the tribe's lawyers pointed out their previous attempts to participate based on sovereign immunity. They also mentioned the DC Circuit's refusal to allow their participation, as it deemed them upholding the compact.
"For these reasons, the Tribe does not intend to file a response to the stay application," the note indicated. "However, the Tribe would be willing to file a response if the Court desires one from the Tribe."
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Source: www.casino.org
