Posted on: October 19, 2023, 04:11h.
Last updated on: October 19, 2023, 04:11h.
Florida Governor Ron DeSantis is requesting an extension from the Florida Supreme Court to respond to a case challenging the sports betting monopoly granted to the Seminole Tribe.
In a motion filed Thursday, attorneys representing Governor DeSantis and state legislative leaders are requesting until December 1 to prepare a response to the gambling companies that initiated the case. West Flagler Associates, led by the pari-mutuel operator, has asked the Florida Supreme Court to invalidate the gaming compact signed by the governor in 2021. This compact allows the tribe to operate sportsbooks at its casinos and accept mobile sports bets from anyone in the state, as long as the computer servers are located on tribal land.
The governor’s request comes after anti-gambling group No Casinos Inc. filed its own brief in support of the West Flagler petition. Governor DeSantis’ attorneys highlight that No Casinos received an extension to file its amicus brief and argue that the government should also be entitled to an extension.
Full Schedule
“Due to the press of other matters, counsel does indeed require additional time to complete the response in this case and for client review,” reads the submission from the Florida Attorney General’s office.
The brief mentions 16 pending cases in both state and federal court that require filings from the state within the next two weeks.
Since the disputed gaming compact has been in effect since 2021 and West Flagler only recently brought the case to state court, an additional delay should not significantly impact the proceedings, according to the state’s attorneys. West Flagler has agreed to a seven-day extension.
The court will make a decision in the near future regarding the motion.
Betting Remains On Hold
Regardless of the outcome of the state case, legal sports betting in Florida will continue to be on hold due to an ongoing federal legal case.
West Flagler has been challenging the gaming compact in federal court since its establishment, and the case has now reached the US Supreme Court. Chief Justice John Roberts has stayed a lower court ruling, preventing the compact from taking effect while the high court considers whether to take the case.
Feds Say State Court Should Decide
The Interior Department, responsible for overseeing tribal gaming and the plaintiff in the federal lawsuit, has filed its first response in the Supreme Court docket.
The department reviews gaming compacts, such as the one between the Seminoles and Florida, to ensure compliance with the Indian Gaming Regulatory Act.
If the department takes no action on submitted gaming compacts within 45 days, they are deemed approved. This was the case in 2021 when Florida submitted its updated agreement with the tribe. West Flagler and its allies argue that the compact should be denied because it allows tribes to accept online bets from anywhere in the state, not just on tribal land.
The Interior Department argues that its responsibilities only extend to gaming taking place on tribal land and that off-reservation sports betting, as outlined in the compact, falls outside of its jurisdiction. It suggests that individuals opposing the tribe’s sports betting arrangement should take their case to state courts.
“If the Florida Supreme Court concludes that the Florida Legislature’s authorization of the placement of wagers outside Indian lands is not permissible under the Florida Constitution, that would afford applicants the relief they seek,” wrote Solicitor General Elizabeth Prelogar on behalf of the Interior Department. “That pending case provides the appropriate forum to resolve applicants’ claims based on the meaning of state law.”