Florida Sports Gambling: West Flagler Petitions High Court for Intervention
A group of Florida gambling businesses is seeking assistance from the state's top court in a bid to overturn an agreement that would grant the Seminole Tribe exclusive control over sports betting in the state.
Two gaming establishments in South Florida, led by West Flagler Associates, which operates the Bonita Springs Poker Room, have filed a petition with the Florida Supreme Court, aiming to invalidate the Class III Tribal-State Gaming Compact signed by Governor Ron DeSantis in 2021. The deal would allow the tribe to operate sports betting through its casinos and online betting platform, Hard Rock Bet.
However, the pact has been held up for the past two years due to a legal battle in the federal court. West Flagler, which has been spearheading the resistance, has lost several appeals this year at the US Court of Appeals for the District of Columbia Circuit, leaving it with just one option for a federal intervention: the US Supreme Court. The company has requested the D.C. Circuit to delay its decision to enable it to appeal to the highest court.
Critics argue that this agreement breaches the Indian Gaming Regulatory Act by permitting gambling off tribal lands. Proponents of the pact, on the other hand, claim it is legal since the sportsbook's servers handling bets are based on tribal land.
Federal Court Possibilities Dwindling
West Flagler's attempt to reopen the case at the D.C. Circuit failed, and now, its legal options in the federalism arena have diminished. The Supreme Court is probably the last place West Flagler can seek relief. The company filed an application seeking a stay of the appellate court's decision to enable it to proceed with its Supreme Court appeal.
On the other hand, the Department of the Interior, which oversees tribal gaming at a federal level, told the D.C. Circuit that further postponement would not be appropriate.
The initial ruling by the appellate court indicated that the Compact does not approve off-reservation gaming activities that West Flagler insists are unlawful. West Flagler's claim that the judgment raises significant issues relies on the wrong understanding of the court's ruling.
Florida Supremacy Court's Turn
As their options in federal court near depletion, West Flagler and its allies have transitioned their attention to the state's highest court.
In their Monday petition, West Flagler requests the Florida Supreme Court to issue a "Writ of Quo Warranto" directed at DeSantis and state legislature leaders, claiming they have breached the state constitution by permitting the tribal gaming compact to continue. The petition contends that DeSantis and the legislators disregarded the stipulation in the Florida Constitution that any off-reservation gambling must be subject to a statewide ballot before coming into force.
The petitioners argue that the Seminole compact signifies a clear expansion of casino gambling in Florida without a voter-approved constitutional amendment, which is required by Article X, Section 30, and call for the court to rule that DeSantis and the legislators have overstepped their authority. They also ask the court to mandate that any off-reservation sports betting in Florida must be approved by a statewide voter-approved constitutional amendment.
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Source: www.casino.org
