The twists and turns within the Florida sports activities betting saga at the moment are two years within the making and the authorized wranglings continued final week. After some latest wins on the federal degree, Gov. Ron DeSantis® and the Seminole tribe at the moment are going through obstacles on the state court docket degree.
After some defeats in federal court docket, Magic City Casino and Bonita Springs Poker Room argued that the state’s 2021 settlement with the tribe granting the Seminoles the suitable to run on-line sports activities betting doesn’t align with a 2018 constitutional modification accepted by voters that bars extra gaming enlargement.
Details On The Challenges
On Sept. 26, attorneys for the plaintiffs filed a “writ of quo warranto” with the state Supreme Court. In essence, this can be a transfer arguing that the court docket the state’s compact replace with the Seminoles needs to be dominated invalid as a result of it doesn’t comport with present legislation. That consists of submitting a Notice of Constitutional Question, which outlines the plaintiff’s arguments.
Under the settlement with the state, the Seminoles may settle for on-line wagers from anyplace in Florida moderately than simply on tribal lands. Some critics have argued that this drastically expands what tribal teams are allowed to do.
The Notice of Constitutional Question asks the court docket: “Whether the off-reservation sports betting provisions of the 2021 gaming compact with the Seminole Tribe of Florida and laws authorizing sports betting by persons not physically present on tribal lands exceed the Governor and Legislature’s authority because they do not meet the exception … of the Florida Constitution with respect to gaming ‘on tribal lands’ pursuant to a compact under the Indian Gaming Regulatory Act and, thus, violate the prohibition against expanding casino gambling without voter approval?”
Moving Forward With Online Betting?
Despite not making an announcement of the tribe’s personal plans thus far, there’s the chance that the Seminoles may launch on-line betting once more whereas the state authorized battle performs out. A federal appeals court docket dominated within the Seminoles’ favor in June and that was affirmed on Sept. 28 when the U.S. District Court of Appeals denied the plaintiffs’ request to remain that ruling.
That means the compact continues to be in drive and technically the Seminoles can function their sports activities betting platform. However, some authorized specialists have argued the case actually hinged on state legal challenges.
“It doesn’t matter that this court decided that IGRA (Indian Gaming Regulatory Act) allows the Secretary of Interior to approve compacts for off-reservation gambling,” Rose writes on his Gambling and the Law weblog. “The decision does not bind any state nor any tribe, not even Florida nor the Seminoles, neither of whom were parties to the suit. Further, the Court itself made it clear the issue depends entirely upon state law, not IGRA (the Indian Gaming Regulatory Act).”
The Seminoles haven’t commented a couple of potential launch. The Florida Supreme Court has additionally but to rule on the settlement’s constitutionality however is predicted to within the coming weeks. This may be the end of the line for the difficulty within the state.
Gaming legislation skilled and legal professional Daniel Wallach instructed FOX-4 Florida: “This is the battleground of the future of sports wager in Florida.”