Florida Gambling Petition on Hold For at Least a Month
Florida Sports Betting Issue in Front of Two Different Courts
Sports betting in Florida hasn’t been nearly as clear-cut as it is in any other state. There are legal battles being fought in front of both the U.S. Supreme Court and the Florida Supreme Court. The Department of the Interior (DOI) was given an extension to respond to the latest Florida gambling petition to the U.S. Supreme Court.
Its response is now due April 12. The DOI is essentially representing the State of Florida in front of the U.S. Supreme Court. It was named a party in the federal lawsuit for letting the 2021 compact between Florida and the Seminole tribe go into effect. The compact gives the Seminole tribe a monopoly on sports betting in the state.
The state case and the federal case are based on different matters pertaining to the compact. The state lawsuit contends the compact is illegal due to 2018’s Amendment 3, which requires a citizen’s initiative to expand casino gambling off of tribal land.
The federal lawsuit says the compact violates the Indian Gambling Regulatory Act. IGRA states all gambling, even online gambling, must take place on tribal land.
Differing Opinions
Sports betting attorney Daniel Wallach filed an amicus brief in favor of not allowing the compact to the U.S. Supreme Court. He urged the court to grant West Flagler’s Florida gambling petition for a writ of certiorari.
However, he previously published articles detailing how sports betting does not apply to Amendment 3. He is basically arguing for West Flagler before the U.S. Supreme Court. The State of Florida uses several of his points in the state case.
The State of Florida has previously argued betting online must take place on tribal lands for it to be legal under IGRA. A 1998 case involving the Coeur d’Alene Tribe in Idaho, saw Florida argue both the person placing the bet and receiving the bet must be on tribal land for it to be legal.
Bureau of Indian Affairs Rule Change
As if the matter of Florida sports betting isn’t complicated enough, February’s rule change by the Bureau of Indian Affair could add another obstacle. The new rules state tribes can offer online gambling if the state approves it.
It’s frequently referred to as “the Florida model,” since it is basically following the guidelines set in the compact between the Seminoles and Florida. It allows states and tribes to enter online gambling agreements under the premise that those agreements are due to “allocation of jurisdiction” and not an authorization to allow gambling.
The new rules go into effect later this month, however, Wallach states they will likely lead to legal challenges. That’s one reason why he wants the U.S. Supreme court to grant West Flagler’s Florida gambling petition to the court.
No Guarantees Cases Will be Heard
Supreme courts only hear a fraction of the cases they are asked to. There’s no guarantee either supreme court will look at the West Flagler lawsuits. Until they hear differently, sports bettors in Florida will continue to bet through the Seminole’s Hard Rock Bet.
For gambling news, odds analysis, and more, visit Point Spreads Sports Magazine.
