Sports betting in Florida: Tribal foes ask U.S. Supreme Court for more time
Companies seeking to overturn the Seminole Tribe's monopoly on sports betting in Florida are asking the U.S. Supreme Court to allow them to wait until next year to resolve a federal case. This step will buy time for the completion of the national process.
West Flagler Associates and Bonita-Fort Myers Corp. made the request in a document filed Monday. Florida pari-mutuel operators have filed a lawsuit seeking to overturn the tribe's gambling contract. The companies said they have until Feb. 9 to file a writ of certiorari with the Supreme Court seeking to overturn a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the tribal gambling contracts were affirmed.
Westflagler said the delay was necessary to give the Florida Supreme Court time to rule on another lawsuit filed by the company. The move is intended to invalidate approval of the deal by Gov. Ron DeSantis and the Florida Legislature in 2021.
The gaming agreement allows the Seminole Tribe to expand gaming offerings at its six casinos and offer online sports betting through its Hard Rock Bets platform. Westflagler argued that the contract violated the federal Indian Gaming Regulatory Act and the Florida Constitution. The agreement would allow the tribe to offer game outside of its reservation. Supporters of the agreement say it complies with the law because mobile sports betting is hosted on computer servers located on Seminole land.
“This fiction assumes that the compact specifically targets gambling on Indian lands, thereby circumventing the Florida Constitution’s prohibition on expanding casino gambling without a citizen referendum, except for casino gambling covered by a valid IGRA contract. "Gambling' takes place on tribal lands," West Flagler's attorney wrote in a request for an extension Tuesday.
Online Sports Betting with SCOTUS Stay Gone
In mid-October, Chief Justice John Roberts ordered a stay of the agreement. But this protection was lifted after two weeks.
When West Flagler and Bonita-Fort Myers first requested the delay, they said they would submit complete deeds by Nov. 20. However, this commitment is based on the expectation that postponements will continue.
Since the suspension was lifted, the Seminole Tribe has relaunched its Florida-based Hard Rock Bets platform for some customers. Additionally, the Florida Supreme Court rejected a request to expedite the case. DeSantis has until December 1 to file an answer in the state case.
Opponents now say the final outcome of the state's case will affect how they present their case to the Supreme Court.
West Flagler owns the Bonita Springs poker room in Southwest Florida.Until recently it owned Miami's Magic City Casino.
"Absurd trap" may happen immediately
Federal court decisions are relatively narrow. They argue that the Interior Department, which oversees tribal gaming, has the authority only to approve activities on tribal lands, and that's all the department did in this case.
The question of whether state law allows tribes to operate mobile sports betting operators is a separate issue. However, the D.C. Circuit explained that tribal treaties "cannot provide independent legal authority for gambling activities occurring outside Indian territory that would otherwise violate state law," West Flagler's filing states.
The companies also pointed to an observation by Supreme Court Justice Brett Kavanaugh that if “the Seminole Tribe, and only the Seminole Tribe, were able to conduct certain activities off their reservations in Florida, Gambling activities", there will be "serious equity issues."
The Florida Supreme Court’s decision on the state’s appeal may be relevant to the question of whether the reasoning of the circuit court’s opinion is accepted, or whether the petitioner instead fell into an absurd trap between two judicial systems that have little regard for this compact Conflicting statements have been made about the nature of the production. “According to the latest documents from West Flagler. If the Supreme Court does not grant the companies' request, they have until Dec. 11, 90 days after Washington, D.C.'s rejection. Circuit restoration request, submit certification application.
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Source: www.casino.org
