West Flagler's Sports Betting Lawsuit in Florida Continues

In 2021, the state of Florida, under the direction of Governor Ron Desantis, signed a new compact with the Seminole Indian Tribe. As part of the new compact, the Tribe was given the exclusive rights to offer retail and online sports betting to state residents.

The decision did not sit well with West Flagler Associates and its partners, businesses that run off-track betting establishments throughout the state. Since they wanted part of the online sports betting pie, they immediately filed a lawsuit with a local state trial court against Debra Haaland representing the U.S. Department of the Interior. The lawsuit was filed on the grounds that the new compact violated the spirit of the federal Indian Gaming Regulatory Act (IGRA) of 1988.

Note: IGRA states that Tribal concerns are only permitted to offer betting services if the action takes place on Indian land. The Seminoles argued that since the online gambling servers were on Indian land, the new compact complied. West Flagler countered by saying that online gambling goes to bettors off Indian land, which technically violates the spirit of IRGA.

The trial court sided with West Flagler and temporarily forced the Seminoles to stop taking sports bets.

The U.S. Department of the Interior and the state of Florida appealed the lower court's decision with the Court of Appeals for the District of Columbia. In June 2023, the higher court overturned the lower court's decision, which effectively put the Seminoles back in business as sports betting operators. They currently own and operate Hard Rock Bet.

West Flagler Heads to Scotus for Relief

After the Court of Appeals for the District of Columbia handed down its decision, West Flagler vowed to take its case to the Supreme Court of the United States. That's what they did in late 2023. Currently, the SCOTUS has the appeal under advisement.

Meanwhile, West Flagler has gone forward and filed a supplement amendment to the appeal, an amendment that is intended to draw attention to a recent decision by the Florida Supreme Court. While that decision was unfavorable for West Flagler's group, there was a passage that seemed in direct conflict with what the DC Court of Appeals said in its ruling.

This conflict is the basis of this supplemental amendment. West Flagler's attorneys now believe that SCOTUS should take up the appeal due to "the untenable nature of the D.C. Circuit’s interpretation…” It's common for the SCOTUS to take up appeals when there is a difference of opinion or confusion among lower courts.

In the supplement brief, the plaintiff's attorneys wrote: “Because there are currently no pending proceedings in Florida state courts regarding the legality of the Compact, there is no risk that the Petition will be mooted by proceedings in Florida state courts.”

That passage is telling. It would appear that West Flagler will no longer contest the new compact in the Florida court system, preferring to attempt to gain favor from the U.S. Supreme Court for West Flagler's willingness to be patient.