Posted on: October 12, 2023, 02:38h.
Last updated on: October 12, 2023, 02:38h.
Two Florida gambling companies are petitioning the U.S. Supreme Court to block the Seminole Tribe from having exclusive control over sports betting in Florida. The companies, West Flagler Associates and the Bonia-Fort Myers Corporation, submitted a motion to the Supreme Court to delay the implementation of a lower court decision until they can present their case. A full petition for certiorari will be filed by November 20, according to the motion.
West Flagler Associates and the Bonia-Fort Myers Corporation are challenging a gaming compact between the Seminole Tribe and the state of Florida, signed by Governor Ron DeSantis in 2021. The compact grants the tribe exclusive rights to operate sportsbooks, including its Hard Rock Bet mobile platform. The companies argue that this arrangement violates federal law by allowing “off-reservation” gaming.
In their petition to the Supreme Court, West Flagler states, “The Compact will give rise to hundreds of thousands, if not millions, of sports betting transactions that violate both state and federal law before this Court has the opportunity to address the merits,” and requests a stay to preserve the current online gaming status quo until the case can be reviewed.
The Bonita Springs Poker Room, owned by these companies, currently offers horse racing and jai alai betting, as well as table games like ultimate Texas hold ’em and three-card poker. They argue that the Seminole Tribe’s online sports betting operations throughout Florida will harm their business.
Key Arguments
The petition raises three main arguments for the Supreme Court to consider. First, it questions whether the Indian Gaming Regulatory Act allows the Secretary of Interior to approve compacts that authorize sports wagering throughout a state, even if it extends beyond tribal lands. Second, it claims that the compact violates the Unlawful Internet Gambling Enforcement Act due to Florida’s constitutional prohibition of sports betting outside of tribal lands. Lastly, it argues that the compact violates the equal protection clause of the Constitution by allowing the Seminole Tribe to offer sports betting statewide while making it a felony for others of different races, ancestries, ethnicities, or national origins.
Parallel Proceeding
Aside from their federal court battle, West Flagler has also requested intervention from the Florida Supreme Court to challenge the validity of the gaming compact. Governor DeSantis has yet to respond to the state supreme court case, but a response has been requested by November 21. No Casinos, Inc., another Florida organization, has been granted permission to file an amicus brief in support of West Flagler’s case by October 16.