In a significant development, two Florida parimutuel betting companies have approached the Florida Supreme Court with a request to halt the recently rebooted online sports betting. This is the newest chapter in a complex legal saga involving the Seminole Tribe’s gaming agreement with the state of Florida, which effectively gives the tribe a monopoly over online sports betting.
Central to the issue is the “hub-and-spoke” structure of the compact, designed to comply with the Indian Gaming Regulatory Act (IGRA). This arrangement allows online bets to be processed through servers on tribal lands, aligning with IGRA’s stipulation that tribal gaming activities must occur on tribal property.
The tribe’s sports betting platform, under the Hard Rock Bet brand, restarted its operations yesterday after a hiatus of nearly two years. This beta release was made available to prior customers and loyalty program members, in the midst of an unresolved legal dispute in the state’s Supreme Court, titled West Flagler v. Ron DeSantis.
Constitutional Challenge to the Seminole’s Gaming Compact
At the heart of this dispute is whether the gaming compact violates the Florida constitution, specifically Article X, Section 30. Known as Amendment 3, this clause requires any casino gambling expansion in Florida to receive direct voter approval via a referendum.
Backing the case against the compact is No Casinos, an anti-gambling advocacy group, which has submitted an amicus brief in favor of West Flagler. West Flagler contends that the compact’s approval, potentially unconstitutional, reflects an overreach of the state government’s powers. They assert that such actions necessitate scrutiny and rectification by the court.
The parimutuels’ latest motion alleges that the sports betting relaunch is an attempt to preempt the court’s decision, describing it as presenting a ‘fait accompli’ on November 7. They argue that suspending the online betting elements of the law until the court makes a ruling is the only appropriate course of action.
“The extraordinary actions of respondents to side-step the will of the citizens of Florida and the Florida constitution, enabling the tribe’s actions, mandates the immediate exercise of the court’s ‘all writs’ power as requested in the petition,” West Flagler stated.
Legal experts anticipate that the next move will be a court directive asking Governor DeSantis and the state legislature to respond to the motion by week’s end.
The Seminole Tribe has chosen not to comment on the matter.
US Supreme Court’s Stance on Sports Betting Suspension
This request mirrors a similar motion by West Flagler in a pending US Supreme Court case. Initially, Chief Justice John Roberts granted the suspension, but the motion was eventually rejected following the government’s response. This outcome has led some legal analysts to speculate that the Supreme Court is unlikely to engage with the case.