The battle over the future of Florida sports betting is nearing an important deadline. Again.
Back when the Supreme Court decided not to repeal sports gambling inside the state after the gaming compact between the Seminole Tribe and Florida was upheld, West Flagler Associates, the plaintiffs in the case, stated their intent to file an appeal. Their motion was given a deadline of December 11, 2023. However, West Flagler Associates instead filed for an extension of the deadline on their appeal, which is also known as a writ of certiorari.
That extension in question was granted. And as Robert Linnehan of XL Media noted, the new deadline is swiftly approaching.
“Big week on tap for Florida sports betting,” he wrote. “West Flagler has a deadline of Thursday, Feb. 8 to submit its writ of certiorari to the Supreme Court. Still waiting on the Florida Supreme Court’s decision as well.”
Questions naturally abound. What should we expect from this filing? How could it impact the future of sports betting in Florida? Does this mean we’re nearing a final decision on the battle over legal sports gambling in The Sunshine State? Or should we continue settling in for a long, arduous war of litigation?
What Exactly is West Flagler Associates Appealing When It Comes to Florida Sports Betting?
Towards the end of 2023, the Florida Supreme Court essentially delivered a ruling that upheld the state’s gaming compact with the Seminole Tribe. This decision allowed for the Seminoles to relaunch Florida sports betting services after more than two years of dormancy.
In response, however, West Flagler Associates requested an “extended stay” of the Florida Supreme Court’s decision. Essentially, they wanted the Supreme Court of the United States (SCOTUS) to shudder Florida sports betting operations until SCOTUS itself decided whether to hear the case in their own judicial branch.
This attempt at an extended stay failed. SCOTUS ruled against West Flagler Associates. At this point, West Flagler Associates announced their intention to file the writ of certiorari, which is basically an appeal to the decision on the extended stay motion. The deadline for that filing is now right around the corner. West Flagler Associates must submit it by Thursday of this week, otherwise Florida sports betting will remain live.
Of course, this raises a question: What exactly is West Flagler Associates attempting to do with this writ of certiorari? The answer, not surprisingly, is complicated. This battle is effectively taking place on two fronts: at the state level and at the federal level. By filing a writ of certiorari, West Flagler Associates is seeking to keep sports betting operations in Florida on ice until final decisions are reached by either the Florida Supreme Court, SCOTUS or both.
Will West Flagler Associates’ Latest Appeal be Successful?
Many have attempted to answer this question. And a good amount of people believe West Flagler Associates won’t be successful. After all, the current Florida sports betting compact has not been upheld on separate occasions at both the state and federal levels. Why would either branch suddenly change their tune?
As it turns out, though, yet another reversal is totally feasible. When Justice Brett Kavanaugh commented on the situation, he noted that there may be underlying inconsistencies in the compact that warrant scrutiny.
“The Florida Supreme Court’s resolution of the State Petition may be relevant to whether the reasoning of the Circuit Opinion is accepted, or whether instead the Applicants are caught in an absurd trap between two judicial systems saying inconsistent things about the nature of this Compact.”
At issue, of course, is whether the Seminole Tribe’s gaming compact violates the Indian Regulatory Gaming Act (IRGA). The IRGA is essentially a set of “federal standards for gaming on Indian land.” Emphasis on land. As the compact between Florida and the Seminoles notes, the tribe has sports betting exclusivity throughout the state but that all wagers must be placed on tribal property.
West Flagler Associates is arguing that the Seminoles violate this agreement with their Florida online sports betting app. Currently, users are able to place wagers from anywhere in The Sunshine State. West Flagler Associates believes this runs contrary to the compact, and that the Seminoles are running a mobile site no different from other online sportsbooks in the United States. The Seminoles, by contrast, argue that their mobile Florida sports betting app is an extension of their tribal property. As such, they believe they are not violating the IRGA.
When Can We Expect a Final Resolution to the Florida Sports Betting Battle?
We gave up forecasting a timeline for a final Florida sports betting decision long ago. The process has featured too many twists and turns and delays. And while the latest deadline does bring us one step closer to finality, an ultimate resolution could still be many moons away.
What’s more, whenever a final decision comes, it isn’t clear which way it’ll lean. Remember: Both the Florida Supreme Court and SCOTUS are still tasked with overseeing this battle. Contradictory decisions from them could prompt additional delays and litigation.
Granted, certain policymakers are treating the Florida sports betting case as if it’s just about closed. Select measures have already proposed the idea of expanding Florida sports betting beyond Seminole casinos in 2024. Sure, these proposals may not go anywhere. But their very introduction suggests that, within state, key figureheads expect the current gaming compact to be upheld.
Still, we won’t know for certain until official verdicts start to come down. And the timeline for those is nonexistent. A decision from the Florida Supreme Court could reportedly come any day. But the timeline for SCOTUS’ involvement is more open-ended. No matter how they rule on West Flagler Associates’ writ of certiorari, they must still decide whether to hear the case. And if they do inevitably hear it, that could add months to the deliberation process.
For now, sports betting in Florida remains live at Seminole casinos and via their sports betting app. That’s not expected to change anytime soon. But, as of now, it’s also not guaranteed to last forever.
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