Five months after Governor Tony Evers (D) enacted legislation allowing sports betting in Wisconsin, the state is facing a lawsuit from a conservative legal firm that argues the governor’s action breaches the state constitution.
Representing two taxpayer associations, the Wisconsin Institute for Law & Liberty (WILL) has initiated a lawsuit arguing that in 1993, voters amended the state constitution to prevent the Legislature from authorizing gaming expansions except in limited cases. The lawsuit also claims that the newly signed law infringes on the Equal Protection Doctrine by providing benefits based on race.
“Thirty-three years ago, Wisconsinites expressed their views through a constitutional amendment that prohibits the Legislature from expanding gambling in any form,” stated WILL Associate Counsel Kirsten Atanasoff. “Elected officials, including Governor Evers, are not permitted to bypass that constitutional constraint. This lawsuit is essential to hold them accountable to the people of Wisconsin and to maintain the constitutional limits established by the voters themselves.”
The law enacted by Evers allows Wisconsin’s 11 federally recognized tribes to provide mobile sports betting services within the state.
Lawsuit May Challenge Potential Tribal Monopoly
Upon signing Assembly Bill 601 (AB601), Evers expressed his intent for Wisconsin tribes to fairly share in the prospective revenue from online sports betting, voicing concerns that larger operators might dominate the industry, leaving smaller tribes with minimal earnings.
There are also apprehensions regarding the commercial gaming sector. Discussions indicate that Wisconsin tribes might partner with operators like DraftKings and FanDuel to kickstart mobile betting, but these companies have shown hesitance due to unfavorable revenue-sharing terms. The Sports Betting Alliance (SBA), an industry trade association, warns that reluctance to collaborate with prominent operators could be detrimental to tribes, the state, and sports betting enthusiasts.
This piece of legislation modeled after Florida’s setup, where the Seminole Tribe’s Hard Rock Bet holds a monopoly on sports betting, has triggered concerns about a potential tribal monopoly in Wisconsin.
With representation from the Brown County Taxpayers Association and Citizens Defending Liberty, WILL’s lawsuit could pose a challenge to tribal monopolization in the state’s sports betting scene. While mobile sports betting has yet to launch, physical sportsbooks already operate in land-based casinos managed by tribes across Wisconsin.
WILL Asserts Lack of Public Support for Online Sports Betting
The WILL lawsuit may resonate with the public sentiment, as recent polls indicate that a considerable percentage of Wisconsin residents oppose online sports betting (OSB).
“As Governor Evers prepares to negotiate amendments to tribal gaming compacts, this lawsuit aims to halt the law’s implementation before mobile sports betting is operational statewide,” noted WILL. A recent Marquette University Law School Poll revealed that 64% of Wisconsinites do not support legalization of online sports betting.”