The Interior Department Petitions the Supreme Court to Dismiss the Florida Gaming Compact Case.
The United States Department of the Interior (DOI) asked the Supreme Court to end a lawsuit against the agreement between the Seminole Tribe and Florida over Class III gaming in 2021.
Following the extension to file their brief in the lawsuit West Flagler Associates, Ltd., and Bonita-Fort Myers Corporation v. Debra Haaland, the DOI, which handles programs related to Native Americans, asked for the case to be dropped.
The two plaintiffs own and manage Miami's Magic City Casino and Bonita Springs Poker Room. They accused Florida's gaming agreement with the Seminole Tribe, which includes online sports betting, of breaching the Indian Gaming Regulatory Act (IGRA) - a federal law permitting tribes to run Class I, II, and III gaming on their own land.
DOI Petitions for Dismissal
The plaintiffs argue the 2021 agreement breaches IGRA since the Seminole Tribe's sportsbook platform takes bets remotely from any Floridian aged 21 and above. They maintain that the agreement violates the law as gambling operations occur off sovereign tribal land.
The Seminole Tribe and Florida government, not involved in the case before the Supreme Court, contend it's legit because the servers for the sportsbook remain on tribal land. The DOI agrees.
They explained, "The compact, as relevant here, addresses internet sports betting the Tribe conducts by accepting wagers placed by patrons in Florida — including on non-Indian lands — and receiving those wagers at the Tribe’s computer servers located on Indian lands."
The DOI said Florida legislators updated their gaming regulations to allow online sports betting facilitated through computer servers on tribal land. They also emphasized that federal courts have deemed IGRA governs only gaming on tribal land.
"The court of appeals further determined that IGRA does not prohibit a gaming compact, which is, at bottom, an agreement between a tribe and a state, from discussing other topics, including those governing activities 'outside Indian lands,'" the filing stated.
Significant Impact
The Supreme Court's decision on the Florida gaming agreement could have far-reaching effects, such as potentially opening the door for federally recognized tribes to commence online gaming operations. However, the DOI attorneys argue this isn't guaranteed, as states would need to legislate for the remote transmission of gaming, like Florida did for online sports betting.
The brief stated, "An IGRA compact cannot provide independent legal authority for gaming activity that occurs outside of Indian lands, where that activity would otherwise violate state law." Instead, states possess "capacious" authority to regulate tribal gaming outside their tribal territories.
The Supreme Court is expected to determine whether it will accept the case in the next few months. In the interim, online sports betting in Florida continues via the Hard Rock Bet app and website.
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Source: www.casino.org