In a significant legal victory for the Seminole Tribe and Hard Rock Bet, the U.S. Supreme Court refused to hear West Flagler's petition regarding online sports betting in Florida. The decision marks a pivotal moment in the ongoing legal battle over sports betting in the state.
The decision was announced Monday after justices held a meeting last week to deliberate on the matter. According to the Sports Betting Dime, Justice Brett Kavanaugh objected, suggesting that he would have granted the petition, not unanimous consent. The ruling is expected to end West Flagler's efforts to open Florida's online sports betting market to competitors beyond the seminol tribe.
At the heart of the case is a 30-year gaming agreement between the Seminole Tribe and the state of Florida that includes exclusive rights to face-to-face and online sports betting and provisions that provide crab and roulette at tribal casinos. The Seminole Tribe promises an annual payment of at least $500 million in exchange for these exclusive rights.
Seminole's dominance of the game
With the Supreme Court's decision, the Seminole Tribe is poised to dominate Florida's gaming sector for decades. The compact, set to last until 2051, potentially paves the way for the tribe to expand into iGaming by following the same regulatory procedures as online sports betting.
The Seminole Tribe welcomed the court's decision. Gary Bitner, a spokesman for the tribe, said, "The Seminole Tribe in Florida, along with the state of Florida, applauds today's decision by the U.S. Supreme Court, which declined to consider a case involving the tribe's Gaming Compact. This means that members of the Seminole Tribe and all Floridians can rely on a bright future made possible by the compact."
The result has forced other sports betting operators to close in one of the country's largest sports betting markets. The seminol shortage has previously hinted at a possible revenue-sharing deal with other operators, but no specific plans have been disclosed.
Implications for Tribal Games Nationwide
The Supreme Court's refusal to hear the case could affect other states with significant shortages of gaming businesses to consider similar online sports betting contracts under the Indian Gaming Regulation Act (IGRA) convention. States like California, Minnesota, North Dakota, and Wisconsin could explore this approach to maintain exclusive control over online sports betting. Such a move would require states to modify existing gaming contracts.
For example, California tribes that have spent millions on failed 2022 ballot initiatives to legalize online sports betting could seek to negotiate new contracts to introduce this form of gaming in the state.
a long legal battle
The legal dispute between West Flagler and the Department of the Interior (DOI) dates back to approving a gaming contract between the Seminole Tribe and Florida in 2021. West Flagler filed the certificate with the Supreme Court in December, challenging the contract to allow online sports betting on tribal lands.
This follows a decision by the Florida Supreme Court to dismiss West Flagler's request for review of the case. The Florida court argued that the request for relief was beyond the consideration we could provide.
West Flagler's case focused on allegations that the compact violated the principle of equal protection by granting gaming activities outside tribal lands and granting exclusivity to the Seminole tribe, contrary to provisions of the Illegal Internet Gambling Enforcement Act (UIGEA). The DOI defended Minister Deb Haaland's approval while maintaining that the compact was consistent with IGRA regulations.
DOI lawyers argued that the D.C. Circuit Court's interpretation that it was the only agreement that authorized online sports betting on tribal lands was correct and consistent with the IGRA. They argued that the tribal-state agreement under the IGRA could include provisions for tribal-state gaming activities if negotiations were made between tribes and countries.
As the legal dust settles, the Seminole Tribe is cementing its dominance in the Florida gaming market, setting a precedent that could affect tribal games across the United States.
