The Florida sports betting case has taken another turn as the Department of the Interior (DOI) objects to West Flagler and Associates’ request for a stay in the DC Circuit Court of Appeals mandate. The court’s decision, which favored the DOI and the Seminole Tribe of Florida, did little to reduce tensions as both sides remained firm in their resolve. 

The Legal Battle Carries On

The heart of the dispute revolves around Florida’s agreement with the Seminole Tribe to offer Hard Rock Bet to Florida residents, specifically off-state lands. While West Flagler has the right to question the nature of this agreement, the DOI asserts that it need not be involved in this matter. Instead, it maintains that this issue is for the state of Florida and state courts to decide.

West Flagler has until 2 October to respond to the DOI’s filings. Subsequently, the court will need to issue a ruling on the stay. If the request gets denied, it could eventually pave the way for the launch of Hard Rock Bet in Florida. The DOI was adamant that the current court ruling was valid, as it clarified a narrow section in one particular Compact under IGRA.

A stay is not warranted because any such petition could present no substantial question for Supreme Court review.

DOI statement

West Flagler has also expressed its intent to petition for a writ of certiorari. The group has until 11 December to file its petition. Following this action, the DOI and the Seminole Tribe will have 30 days to respond before the Supreme Court of the United States (SCOTUS) decides whether to hear the case.

The Future of Florida Sports Betting Hangs in the Balance

The Court of Appeals’ decision will likely decide the future of sports betting in Florida. The Seminole Tribe has reaffirmed that it plans to resume the wagering offering via the Hard Rock brand but cannot proceed without clearing the current legal hurdle. While the case has stretched for months, West Flagler is running out of avenues to contest the court decision, meaning the saga may be nearing its conclusion.

The Seminole Tribe currently holds a 30-year agreement with the state of Florida, granting it a monopoly on all sports betting. The agreement also required the tribe to pay the state a minimum of $2.5 billion over the first five years of the deal. However, the current legal proceedings have put all plans on hold. 

The outcome of this legal battle will have significant implications for the future of sports betting in Florida and provide further clarity on the application of the Indian Gaming Regulatory Act. While the current situation favors the Seminole Tribe, both sides await the court’s decision on the stay request, as this case’s ultimate resolution remains uncertain.

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Sports betting has been on hold in Florida for a few years now and there’s no indication when it will be relaunched. After the state signed a gambling compact with the Seminole Tribe, stakeholders within the sector, including West Flagler Associates, challenged that decision, claiming it was in breach of the Indian Gaming Regulatory Act (IGRA). This ultimately resulted in a legal battle that continues to unravel.

On Thursday, the US Department of the Interior (DOI), criticized West Flagler’s petition for a rehearing en banc on the sports betting case, claiming that the request was “unwarranted.” The latest episode of the legal fight comes after mid-August, West Flagler filed for an en banc hearing of its case. This rare occurrence is actually a rehearing of a court case with the DC Circuit Court of Appeals.

However, what’s different with en banc rehearings is that they are held before a majority of judges on active service, rather than the usual panel consisting of three judges. The DOI described its case in a 25-page response, criticizing West Flagler’s rehearing request for the sports betting compact in Florida.

The DOI wrote: “West Flagler’s arguments for rehearing are strawmen, premised on its erroneous assertion that, by referencing the state-sanctioned wagers, the Compact — and the Secretary’s approval thereof — purport to unilaterally legalize the placement of those wagers and the State regime for regulating them.” The lengthy response adds: “But, as West Flagler acknowledges, the panel held in no uncertain terms that the compact does not do that. And the panel did so while making scrupulously clear that neither its opinion nor the Secretary’s approval prevents West Flagler from challenging the relevant State law in Florida’s courts.”

Legal Battle for Sports Betting Continues

In light of the current circumstances, sports betting remains on hold in Florida, and it is yet to be confirmed when the activity will be able to resume. The Seminole Tribe previously said it plans to resume the betting offering via the Hard Rock brand, but the legal hurdle needs to be cleared before this can happen.

Next week marks the start of the new National Football League (NFL) season. By the look of it, residents of Florida will have to wait further before they can place wagers on the NFL. After legalizing the activity in 2021, Florida launched it briefly for a month before it was put on hold on December 4, 2021.

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