West Flagler Makes Last Plea in Florida Sports Betting Case

It's been more than two years in the making. That's how long Florida gambling concern West Flagler has been battling for a seat at the Florida sports betting table. As the last chapter in the battle, West Flagler, through its lawyers, has made one final plea for the SCOTUS to hold a hearing on the Dept. of the Interior's (DOI) position that the rights bestowed to offer mobile sports betting are valid.

History of the Case

Currently, the Seminole Tribe holds the exclusive rights to both retail and mobile sports betting in the state of Florida. Those rights were secured in late 2021 when Tribe leaders entered into a new compact with Florida's Governor Ron DeSantis. 

Immediately, West Flagler and other local gambling interests began shouting foul. They claimed that since Indian Tribes are only permitted to offer gambling services on Indian land, Internet gambling would not qualify because gamblers might not be on Seminole property. 

Initially, a lower court agreed and put a temporary halt to the mobile betting activities the Seminoles had already put in place. However, The DOI took it to a Federal Circuit Court where the panel ruled the new compact was valid and the Seminoles could proceed. They did so cautiously through the Tribe's Hard Rock Bet brand. 

Meanwhile, West Flagler decided to bypass the appeals court process and take its fight directly to the SCOTUS. First, they sought a stay against the Tribe's ongoing mobile betting activities. That was denied. West Flagler's attorneys then shifted focus to getting the SCOTUS to take up the issue as a whole. 

As part of that request, the U.S. Department of Justice (DOJ), representing the DOI, was asked to submit its reply to West Flagler's filing. The DOJ submitted that reply last week. Now, the ball lands in West Flagler's court. The Florida card room company now has the final word, a chance to reply to the DOJ's responses. The complainants have filed their final response and now, the SCOTUS will make its decision as to whether to hear the issue or not. That decision should be forthcoming in June. 

What's on the Line?

If the SCOTUS decides not to hear the case, West Flagler is done at the federal level. They still have an ongoing appeal to the Florida Supreme Court.

If the SCOTUS says okay, all sports betting eyes and ears from all over the country will be paying close attention. Why? There are still as many as 12 states that have not yet decided on the sports betting question in their respective states. Many of those delays have been created because of issues related to Indian gambling control and the interests of other parties like race tracks and poker rooms. That's especially true in states like California, Oklahoma, and Minnesota.

What the SCOTUS will decide is anyone's guess. However, its unwillingness to support a stay certainly signals they may not feel this is an issue that should have hit the court without going through the appeals process.