Governor Ron DeSantis Pursues Prolonged Legal Battle for Florida Sports Betting
The Governor of Florida, Ron DeSantis, has asked the state's Supreme Court for more time to respond to a lawsuit aiming to overturn the Seminole Tribe's sports betting monopoly. In a recent motion, attorneys representing the Governor and state legislative leaders requested until December 1 to create a reply for the gambling companies instigating the issue.
The companies, spearheaded by pari-mutuel operator West Flagler Associates, are attempting to nullify the gaming compact signed by DeSantis in 2021. This agreement allows the tribe to operate sportsbooks at their casinos and accept mobile sports bets from any state resident, as long as the computers accepting the wagers are on tribal land.
The plea comes after a local anti-gambling organization, No Casinos Inc., filed their own brief in support of West Flagler's petition. The Governor's lawyers noted that No Casinos received a 10-day extension for their amicus brief and that the court had earlier mentioned the government may also seek an extension.
Fast-Paced Work Schedule
The brief filed by Florida's Attorney General's office states, "Due to the press of other matters, counsel does indeed require additional time to complete the response in this case and for client review." They then list 16 pending cases in both state and federal courts where state filings are due within the next two weeks.
The State's attorneys argue that the compact was signed in 2021, West Flagler only brought the case to state court last month, so an additional delay shouldn't affect the process. According to the motion, West Flagler only consented to a seven-day extension.
The court is expected to make a decision on the motion soon.
Sports Betting Unaffected
Regardless of the outcome of the state case, legal sports betting in Florida remains suspended until a decision is reached in a federal legal case.
West Flagler has been challenging the gaming compact in federal court since it was enacted, and the case is now under review by the US Supreme Court. Chief Justice John Roberts recently paused a lower court ruling that would have allowed the compact to go into effect to provide the high court enough time to consider whether to accept the case.
Federal Responsibilities
In response, the Interior Department, which supervises tribal gaming and is the plaintiff in the federal lawsuit, submitted their initial reply at the Supreme Court's docket. They are tasked with scrutinizing gaming compacts to ensure they adhere to the Indian Gaming Regulatory Act.
If the department doesn't act on submitted gaming compacts within 45 days, they are considered approved. This occurred when Florida submitted their updated agreement with the tribe in 2021. The opponents claim the Interior Department should have rejected the compact because it enables tribes to accept online bets placed anywhere within the state, not just on tribal land.
The department claims its responsibilities are only concerned with gaming happening on tribal land, with the off-reservation gambling envisaged by the compact falling outside its authority. They essentially believe the issues are better addressed in the state supreme court proceeding.
The Interior Department declared West Flagler's federal case "lacks merit" and is unlikely to succeed, emphasizing that opponents of the tribe's sports betting deal would be better-off taking their case to the state courts.
Solicitor General Elizabeth Prelogar, on behalf of the Interior Department, wrote, "If the Florida Supreme Court concludes that the Florida Legislature's authorization of the placement of wagers outside Indian lands is not permissible under the Florida Constitution, that would provide applicants the relief they seek. That pending case offers the suitable forum to resolve applicants' claims based on the meaning of state law."
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Source: www.casino.org
