Wisconsin advances towards online sports wagering with tribal-led framework enacted into law


Wisconsin is advancing towards the establishment of online sports betting, following Governor Tony Evers’ recent signing of legislation that facilitates mobile wagering through a tribal-led model. The governor emphasized that future agreements need to be naturally negotiated to benefit all 11 federally recognized tribes.

This new legislation changes the official definition of a “bet” to allow wagers to be placed through mobile or electronic devices within Wisconsin, as long as the transactions are processed via servers on tribal land and conform to existing gaming agreements. Currently, sports betting in Wisconsin is restricted to in-person bets at tribal casinos.

The rollout of this initiative is contingent upon renegotiations of gaming compacts between the state and individual tribes. These agreements, which date back to the early 1990s, grant exclusive rights to tribes for certain gambling operations. Any changes must receive approval from the federal Bureau of Indian Affairs. A ruling from the Wisconsin Supreme Court in 2006 confirmed that tribes could expand their gaming offerings through such renegotiations.

Evers expressed caution regarding the legislation but ultimately endorsed it, highlighting the importance of respecting tribal sovereignty. He described this law as an opening for further discussions, stating: “This legislation marks the start of dialogue, not its conclusion. The real work begins today.”

The governor also cautioned against disparate outcomes, asserting that he would not support any model that allows certain tribes to gain substantially while others experience minimal benefits. Instead, he favors collaborative discussions focusing on shared approaches, such as joint ventures that allow tribes to collectively share risks and rewards.

Tribal leaders actively advocated for the bill’s passage, with representatives from all 11 tribes writing to the governor expressing their support. In an earlier letter, most tribes indicated that the proposal aligns with their shared goal of bolstering sovereignty, retaining control over gaming operations, and ensuring that mobile betting advantages all tribes involved.

Forest County Potawatomi Community Chairman Brooks Boyd characterized the legislation as a significant milestone for both the tribal nations and the state, stating: “This bipartisan legislation upholds tribal sovereignty and ensures that the economic benefits of mobile sports betting stay within Wisconsin.”

The legislation proposes a “hub and spoke” model for online betting, whereby bets are placed throughout the state but processed through centralized systems located on tribal land. This framework reflects a recent model endorsed by a federal court used by the Seminole Nation in Florida.

The proposed expansion has faced opposition from major national sportsbook operators, including DraftKings and FanDuel, alongside the Wisconsin Institute for Law & Liberty, which raised constitutional concerns. A recent Marquette Law School poll showed that 64% of Wisconsin voters oppose legalizing online sports betting, with 61% of Republicans, 66% of Democrats, and 74% of independents sharing this view.

Industry insiders have pointed out that the federal Indian Gaming Regulatory Act, which mandates that a majority of gross gaming revenue must benefit tribes, acts as a constraint for commercial operators in Wisconsin’s market.

Gaming revenues generated under tribal compacts are partially shared with the state and are typically allocated for economic development, local services, and tourist promotion in tribal areas.

Evers reiterated that decisions regarding the structure of mobile betting should encompass more than just financial elements, urging stakeholders to include broader values like fairness and collaboration. He emphasized that he would reject any arrangements that exacerbate inequalities, concluding that the state cannot afford to neglect certain tribal nations.

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