Published on: December 17, 2024, 05:01h.
Last updated on: December 17, 2024, 05:01h.
Washington card room operator Maverick Gaming’s attempts to challenge the tribal monopoly on sports betting in the state seem to have hit a dead end.
Maverick challenged the tribes’ exclusivity in the past by suing the state and federal governments, claiming that Washington’s sports betting laws created an unconstitutional monopoly.
An appeals panel upheld a lower court’s decision to dismiss the case in February 2023, putting an end to Maverick’s legal efforts.
Maverick had made significant investments in acquiring card rooms in Washington after the Supreme Court overturned the federal ban on sports betting in 2018, but their hopes were dashed when the state passed a bill allowing only tribal sports betting in 2020.
Sovereign Rights Issue
The operator argued that the federal approval of the state’s compact amendments for sports betting was unlawful and violated the Indian Gaming Regulatory Act (IGRA) and the Fifth Amendment’s equal protection clause.
Maverick contended that the compacts allowed tribes exclusive rights to certain types of gaming that were not available in non-tribal properties in Washington, going against the principles of IGRA.
The case became a sovereign rights issue when Maverick took it to federal court and the Shoalwater Bay Tribe intervened to have it dismissed.
In February 2023, the lower court ruled in favor of the tribes, declaring Maverick’s attempts to invalidate tribal gaming compacts as unjust.
The court highlighted that the involvement of the Shoalwater Bay Tribe, even though not a defendant, was crucial due to its sovereign immunity.
Can’t Proceed With or Without Tribe
In its appeal, Maverick argued that the tribe had waived its sovereign immunity by participating in the suit voluntarily, but the appellate panel disagreed.
The judges emphasized that the case could not proceed without the tribe as it directly impacted their sovereign and economic gaming interests.
IGRA’s purpose is to provide legal entitlements to tribes through tribal-state gaming compacts, and Maverick’s challenge sought to undermine these agreements.
Maverick CEO Eric Persson, a member of the Shoalwater Bay tribe, expressed willingness to take the issue to the Supreme Court if necessary.